Section 6. Non-Discrimination. Supplier, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national ori gin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940. Supplier is responsible for compliance with this section, and must include these non -discrimination provisions in all subcontracts for performance of the Work.
Section 7. General Legal Compliance.
7.1 In performing the Work, Supplier must comply with all applicable federal, state, and local statutes, laws, regulations, and ordinances including, but not limited to, OSHA requirements.
7.2 Supplier must, at Supplier’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law.
Section 8. Clayton and Cartwright Act Assignments . In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Supplier and any subcontractor will be deemed to have offered and agreed to assign to Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, co mmencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time Owner tenders final payment to Supplier, without further acknowledgement by the Parties.
Section 9. Independent Contractor. Supplier is and will at all times remain as to Owner a wholly independent contractor. Neither Owner nor any of its officers, employees, or agents will have control over the conduct of Supplier or any of Supplier’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Supplier may not at any time or in any manner represent that it or any of its office rs, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of Owner.
Section 10. Indemnification.
10.1 Supplier agrees to the fullest extent permitted by law (including, without limitation, California Civil Code section 2782) to (1) immediately defend, (2) indemnify, and (3) hold harmless Owner and its officers, directors, employees, agents, contractors, consultants, and other parties Working on Owner’s behalf (collectively, “Owner indemnified parties”) from and against, any and all claims and liabilities, regardless of the nature or type, that directly or indirectly arise out 171
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of, pertain to, or relate to performance of the Work under this Contract by Supplier, or its officers, employees, agents, or subcontractors committed in performing any Work under this Contract or the failure to comply with any of the obligations of this Contract, resulting from any cause whatsoever except for the sole negligence, active negligence, of willful misconduct of Owner (collectively, “ Claims”). The Claims subject to Supplier’s duties to defend and indemnify include, without limitation, all claims, actions, causes of action, proceedings, suits, losses, damages, penalties, fines, judgments, liens, levies, and associated inv estigation and administrative expenses. Such Claims also include defense costs, including reasonable attorneys’ fees and disbursements, expert fees, court costs, and costs of alternative dispute resolution.
10.2 Supplier’s duty to defend is a separate and distinct obligation from Supplier’s duty to indemnify . Supplier is obligated to defend Owner in all legal, equitable, administrative, or special proceedings, with counsel approved by Owner, immediately upon tender to Supplier of the Claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Supplier are responsible for the Claim does not relieve Supplier from its separate and distinct obligation to defend under this section. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Supplier asserts that liability is caused in whole or in part by the negligence or willful misconduct of any Owner indemnified party. If it is finally adjudicated that liability was caused by the sole negligence, active negligence, or willful misconduct of any Owner indemnified party, then Supplier may submit a claim to Owner for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the Owner indemnified party.
10.3 Supplier agrees that its defense and indemnification obligation under this section, includes the reasonable costs of attorneys’ fees incurred by the Owner’s legal counsel to monitor and consult with Supplier regarding the defense of any Claims, including providing direction with regard to strategy, preparation of pleadings, settlement discussions, and attendance at court hearings, mediations, or other litigation related appearances. Owner will use its best efforts to avoid duplicative attorney Work or appearances in order to keep defense costs to a reasonable minimum.
10.4 Supplier agrees that sett lement of any Claim will require the consent of Owner.
Owner agrees that its consent will not be unreasonably withheld provided that Supplier is financially able (based on demonstrated assets) to fulfill its obligation to indemnify Owner for the costs of any such settlement as required under this Contract.
10.5 Supplier’s obligation to indemnify Owner applies unless it is finally adjudicated that the liability was caused by the sole, negligence, active negligence, or willful misconduct of a Owner indemnified party. If a Claim is finally adjudicated and a determination made that liability was caused by the sole negligence, active negligence, or willful misconduct of a n Owner indemnified party, then Supplier’s 172
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indemnification obligation will be reduced in proportion to the established comparative liability.
10.6 For the purposes of this section, “Owner” includes the City of Wildomar’s officers, officials, board members, employees and agents.
10.7 The provisions of this section will survive the expiration or earlier t ermination of this Contract.
Section 11. Insurance. Supplier agrees to have and maintain in full force and effect during the term of this Contract the insurance coverages listed in Exhibit B (“Insurance”), which is made a part of this Contract.
Section 12. Notice.
12.1 All written notices required or permitted to be given under this Contract will be deemed made when received by the other Party at its respective address as follows:
To Owner: City of Wildomar
23873 Clinton Keith Road, Suite 210
Wildomar, CA 92595
Attention: Ninette Eva
Phone: (951) 677-7751 ext. 8211
Fax: (951) 698-1463
Email: [email protected]
To Supplier: R.E.Schultz Construction, Inc.
1767 N. Batavia Street
Orange, CA 92865
Attention: Chris Thomas
[email protected]
12.2 Notice will be deemed effective on the date personally delivered or transmitted by facsimile, or such other electronic means as may be agreed to by the parties . If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities.
12.3 Any Party may change its notice information by giving notice to the other Party in compliance with this section , before the change in notice information becomes effective.
Section 13. Owner Rights of Termination and to Complete the Work.
13.1 Termination for Cause (Default). The occurrence of any of the following is a default by Supplier under this Contract:
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13.1.1 Supplier refuses or fails to prosecute the Work or any part thereof with such diligence as will ensure its completion within the time specified or any permitted extension.
13.1.2 Supplier fails to complete the Work on time.
13.1.3 Supplier is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Supplier’s insolvency.
13.1.4 Supplier fails to abide by any applicable laws, ordinances or instructions of Owner in performing the Work.
13.1.5 Supplier breaches or fails to perform any obligation or duty under the Contract and such breach or failure remains uncorrected following Owner’s notice to Supplier of the breach.
13.2 Upon the occurrence of a default by Supplier, Owner will serve a written notice of default on Supplier specifying the nature of the default and the steps needed to correct the default . Unless Supplier cures the default within 10 days after the service of such notice of default, or makes satisfactory arrangements acceptable to Owner for the correction or elimination of such default, as determined by Owner, Owner may thereafter terminate this Contract by serving written notice termination on Supplier. In such case, Supplier will not be entitled to receive any further payment, except for Wor k actually completed prior to such termination in accordance with the provisions of the Contract Documents.
13.3 Termination for Convenience . Owner may terminate p erformance of the Work under the Contract in accordance with this clause in whole, or from time to time in part, if Owner determines that termination is in Owner’s best interest. Termination will be effected by Owner delivering to Supplier notice of termination specifying the extent to which performance of the Work under the Contract is terminated, and the effective date of the termination.
13.4 Supplier must comply with Owner’s direction regarding the effective date of the termination, the extent of the termination, and must stop Work on the date and to the extent specified.
13.5 Supplier will be entitled to a total payment on account of the Contract Work so terminated, measured by (i.) the actual cost to Supplier for Work actually performed, up to the date of the termination, with profit and overhead limited to twelve percent (12%) of actual cost of Work performed, and (ii.) offset by payments made and other Contract credits . In conne ction with any such calculation; provided, however, Owner retains all rig hts and remedies under the Contract including, without limitation, claims, indemnities, setoffs/offsets, or back charges.
13.6 Under no circumstances may Supplier recover legal costs of any nature, nor may Supplier recover costs incurred after the date of the termination. 174
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Section 14. Project Documents. All product/material data sheets, shop drawings, submittals, submittal logs, samples, invoices, purchase orders, operation and maintenance manuals and instructions, RFIs, RFI logs, maps, models, notes, photographs, reports, studies and other documents (collectively, “ Project Documents ”) prepared, developed or discovered by Supplier in the course of performing any of the Work under this Contract will become the sole property of Owner. Upon the expiration or termination of this Contract, Supplier must turn over all original Project Documents to Owner in its possession, but may retain copies of any of the Project Documents it may desire.
Section 15. Change Orders and Claims
15.1 The Public Contract Code including, without limitation, Section 7105(d)(2), and Government Code section 930.2 and following, apply to all procedures f or changes, time extensions, change orders (time or compensation) and claims.
15.2 Any change, waiver, or omission to implement the contract change order and claim procedures will have no legal effect unless expressly permitted in a fully executed change order approved by Supplier and Owner.
Section 16. General Provisions.
16.1 Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
16.2 Assignment. Supplier may not assign this Contract without the prior written consent of Owner, which consent may be withheld in Owner’s sole discretion since the experience and qualifications of Supplier were material considerations for this Contract.
16.3 Third Party Beneficiaries. Supplier’s subcontractors (if any) must agree to be bound to the terms of the Contract Documents to the extent of their scope of Work, including but not limited to, terms regarding indemnity and dispute resolution, and must agree that Owner is deemed an e xpress third party beneficiary of their subcontracts. Nothing in this Contract, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Contract.
16.4 Binding Effect. This Contract is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties.
16.5 Integrated Contract . This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Part ies with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Supplier and Owner prior to the execution of this Contract.
16.6 Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Supplier and by Owner. The Parties 175
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agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
16.7 Audit/Inspection Of Records. Supplier shall maintain all documents and records prepared by or furnished to Supplier during the course of performing the Work for at least three (3) years following completion of the Work. Such records include, but are not limited to, correspo ndence, internal memoranda, calculations, books and accounts, accounting records and job cost reports/data documenting all labor, materials, equipment and Work furnished under this Contract , and invoices, payrolls, records and all other data related to mat ters covered by this Contract.
Supplier shall permit Owner to audit, examine and make copies, excerpts and transcripts from any such records, and Supplier shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after Owner makes the final or last payment or within three (3) years after any pending issues and disputes between Owner and Supplier regarding this Contract Agreement are resolved, whichever is later.
16.8 Attorneys’ Fees and Costs. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.
16.9 Risk of Loss. Supplier shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed , delivered FOB Destination to the location specified by City, and accepted by City.
16.10 Counterparts, Electronic Signatures . This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. This Contract and any amendments will be considered executed when the signature of a party is delivered by electronic transmission. Such electronic signature will have the same effect as an original signature.
16.11 Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by Owner of any Work performed by Supplier will not constitute a waiver of any of the provisions of this Contract.
16.12 Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.
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16.13 Severability. If any term, condition o r covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected, and the Contract will be read and construed without the invalid, void or unenforceable provision.
16.14 Governing Law and Venue. This Contract shall be deemed to have been executed in the City where the Project is located. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules.
In the event of litigation between the parties, venue in state trial courts will be in the County of Riverside.
The Parties have caused this Contract to be executed by their undersigned authorized agents as follows:
OWNER: CITY OF WILDOMAR
Chris Mann, City Manager
ATTEST:
Janet Morales Garcia, City Clerk
APPROVED AS TO FORM
Thomas D. Jex, City Attorney
SUPPLIER: [NAME]
(If not an individual, two signatures are required)
Name and Title
Name and Title
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A-1
RIV #4811-1983-9958 v1
EXHIBIT A
COMPENSATION AND SCHEDULE OF PAYMENTS
The total compensation under this Contract may not exceed:
The sum of Two Hundred Ninety-Nine Thousand Dollars ($299,000.00).
Payment of the compensation under this Contract shall be made in accord with the following schedule:
Bid Item 1C Payment Schedule:
Initial Deposit - Initiation of Engineering Services: 25% of Bid Item 1C Progress Payment #1: 50% of Bid Item 1C
Final Payment Upon Acceptance Following FOB Delivery
Bid items 2 and 3 paid upon completion of the work.
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EXHIBIT B
INSURANCE
1. General Requirements . Supplier shall procure and maintain for the duration of the contract, and for 10 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Supplier, his agents, representatives, employees, or subcontractors.:
Insurance Requirements for Construction and/or Prefabricated Bridge Supply Contracts
Supplier shall procure and maintain for the duration of the contract, and for 10 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Supplier, his agen ts, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, i ncluding products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds. For Construction Contract, Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond
4. Maintenance bond
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The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one -year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the c ontract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the c ontract effective, or start of work date, the Contractor/Supplier must purchase extended reporting period coverage for a minimum of ten (10) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
If the Contractor/Supplier maintains broader coverage and/or higher limits than the minimums shown above for al l policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor/Supplier. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the Contractor/Supplier shall cause the insurer shall to reduce or eliminate such self - insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor/Supplier shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defe nse expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions:
Additional Insured
The Entity, its officers, officials, emplo yees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor /Supplier including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor/Supplier. General liability coverage can be provided in the form of an endorsement to the Contractor/Supplier’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from 180
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subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
Primary Insurance
For any claims related to this project, the Contractor /Supplier’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor/Supplier’s insurance and shall not contribute with it.
Notice of Cancellation
Contractor/Supplier shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor /Supplier shall forthwith obtain and submit proof of substitute insurance.
Builder’s Risk (Course of Construction) Insurance
Contractor/Supplier may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity.
Waiver of Subrogation
Contractor/Supplier hereby agrees to waive rights of subrogation which any insurer of Contractor/Supplier may acquire from Contractor /Supplier by virtue of the payment of any loss.
Contractor/Supplier agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor/Supplier, its employees, agents and subcontractors.
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Verification of Coverage
Contractor/Supplier shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsement s (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the re quired documents prior to the work beginning shall not waive the Contractor /Supplier’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor/Supplier shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor /Supplier shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code w hich require every employer to be insured against liability for Workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this contract.
Name (print or type)
Date Signature
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CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
PUBLIC HEARING
Agenda Staff Report # 2.1
Meeting Date: September
9, 2026
SUBJECT:
Municipal Code Amendment No. 2026-03 - 2026 Spring Bi-
Annual Code Update (continued from August 12, 2026)
SUBMITTED BY:
Robert Flores, Community Development Director
PREPARED BY:
Robert Flores, Community Development Director
ACTION:
1. Determine that Municipal Code Amendment (MCA) No. 2026-03, and associated Ordinance No. ___, is exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to the commonsense exemption, Section 15061(b) (3) of the CEQA Guidelines; and
2. Introduce Ordinance No. ___ and conduct the first reading by title only for the ordinance as recommended by the Planning Commission, and described in the staff report, based on the necessary finding within the ordinance entitled:
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT NO. 2026-03 THAT REVISES VARIOUS ARTICLES AND CHAPTERS WITHIN TITLE 16 (SUBDIVISION ORDINANCE) AND TITLE 17 (DEVELOPMENT CODE) OF THE WILDOMAR MUNICIPAL CODE KNOWN AS THE 2026 SPRING BIANNUAL CODE UPDATE (TOGETHER KNOWN AS “MCA NO. 2026-03”) SUMMARY:
The proposed Municipal Code Amendment contains housekeeping revisions, state law updates, procedural improvements, and targeted policy changes to Titles 16 and 17 intended to improve the efficiency, clarity, and consistency of the City of Wildomar ("City") Subdivision Ordinance and Development Code.
BACKGROUND:
Title 16 of the Wildomar Municipal Code ("WMC") houses the City Subdivision Ordinance. Title 17 of the WMC houses the City Development Code that includes zoning provisions. Title 16 and Title 17 (Title 17 then known as the “Zoning Ordinance”) were established upon incorporation of the City in 2008 with the adoption of Riverside County codes/ordinances.
On January 15, 2025, the City adopted a comprehensive update to the past Zoning Ordinance, establishing the current Development Code. The Subdivision Ordinance has not been comprehensively updated since its original adoption but has had minor changes throughout the years with the latest revision being in 2022.
The City recently commenced bi-annual code updates for the Subdivision Ordinance and 184
Development Code that will allow for continual maintenance and accuracy of these Titles to allow for efficient and effective implementation. Specifically, these bi-annual code updates ensure internal consistency and accurate codes by making necessary surgical changes to the codes to properly implement the Wildomar General Plan, particularly the Land Use Element, and facilitate processing of applications for development, businesses, and uses.
On April 22, 2026, the Wildomar Planning Commission considered the 2026 Bi-Annual Code Update (MCA 2026-03) at a public hearing and after public testimony, continued the item to June 3, 2026, to provide more time for public review and additional refinement of the proposed ordinance. These concerns were later addressed as described in the staff report for subsequent hearings.
On June 3, 2026, the Wildomar Planning Commission considered the 2026 Bi-Annual Code Update (MCA 2026-03) and adopted PC Resolution No. 2026-05 recommending approval and adoption of the ordinance with the following minor modifications:
That the Planning Commission maintains the existing authority to approve all extensions of time (EOTs); and
That city staff maintains authority to approve EOTs for administrative approvals.
DISCUSSION:
Consideration of amendments to the both Title 16 and 17 of Wildomar Municipal Code are part of the first Bi-Annual Code Update of 2026.
The purpose of the updates to Title 16 is to comply with state law, particularly SB 9, and globally improve consistency and accuracy.
The purpose of the updates to Title 17 is to improve the existing permit processes, comply with state law, particularly Accessory Dwelling Unit or ADU law and SB 9, adjust development standards or requirements to improve consistency, remove unnecessary provisions, and globally improve accuracy.
Municipal Code Amendment 2026-03 (2026 Spring Bi-Annual Update) Summary:
The majority of the proposed amendments consist of global housekeeping revisions, corrections, and clarifications and necessary changes identified through implementation. The amendments do not represent a comprehensive rewrite of these Titles or a broad change in land use policy.
In addition to global revisions, the proposed Municipal Code amendment includes various revisions, including:
Non-substantive format and technical changes to nomenclature, titles, departments, references etc. for both Title 16 and Title 17.
Entitlement and related changes:
Modifies the Major and Minor Development Review permit process to clearly define the scope and process for these entitlements. Additionally, these permits were renamed to better differentiate these two entitlement types.
Updates the pre-application process to uncodify items that are typically part of the application form.
Streamline the entitlement process by eliminating the General Plan initiation process, which currently requires a preliminary public hearing before a formal 185
application may be processed. The amendment removes this duplicative procedural step while preserving all required Planning Commission and City Council public hearings and final City Council approval of any General Plan Amendment.
Modifying the Temporary Use Permit (and temporary event permit) process to align with City goals. Allowances for several temporary uses, such as Certified Farmer's Markets and outdoor markets are modified to increase frequency while still maintaining the temporary nature of the use. Additionally, standards were updated to ensure public health, safety, and welfare is maintained before, during, and after the temporary use or event. For example, a requirement for a bond is proposed to ensure restoration of the site used for the temporary use or event.
Added clarifying provisions for Conditional Use Permits addressing periodic reviews, permits running with the land, and suspension / revocation procedures, etc.
Update development standards and provisions for retaining walls.
Parks are proposed as permitted uses in all rural zones to facilitate the development of open active and passive open spaces and recreational spaces within the communities and residential areas.
Religious institutions are proposed as permitted uses in all residential zones, but churches are proposed not to be allowed in mixed-used zones.
Manufactured (Mobile) Homes are proposed to be removed as a permitted use in commercial zones.
Update the Change of Zone process to maintain that staff and the legislative body can initiate an update to the Development Code.
Revise provisions related to accessory dwelling units to comply with recent changes in state law.
Revised provisions in both Title 16 and Title 17 related to incorporate or update SB 9 Two-Unit Developments and Urban Lot Splits to comply with recent changes in state law.
Updates to definitions to support the proposed changes.
PUBLIC NOTICE
:
The proposed Municipal Code Amendment (MCA 2026-03) is citywide. Consistent with the applicable Wildomar Municipal Code provisions and exceeding applicable state law provisions, a public notice was published in the Press Enterprise Newspaper, a local newspaper of general circulation, at least 10 days prior to the public hearing on August 12, 2026. The public hearing for this item was continued to date-specific City Council meeting on September 9, 2026. No further notice was issued or required.
Since this code amendment is not associated with any specific development project, the provisions of Ordinance 135 requiring public hearing site posting do not apply.
ENVIRONMENTAL ANALYSIS:
In accordance with the requirements of the California Environmental Quality Act (“CEQA”), Public Resources Code § 21000, et seq., and the CEQA Guidelines, Section § 15000, et seq., staff recommends that the City Council determine that Municipal Code Amendment No. 2026- 03, and its supporting adopting ordinance, is exempt from further environmental review, based on the common sense exemption, CEQA Guideline Section 15061(b)(3), in that the amendments involve general policy and procedure making and it can be seen with certainty that there is no possibility that this code amendment and ordinance adoption may have a significant effect on the environment.
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FISCAL IMPACT:
The fiscal impacts associated with the drafting, legal review, and implementation of this ordinance are covered by the Department's Operating Budget of General Fund.
ATTACHMENTS:
Attachment A - Draft MCA 2026-03 Ordinance Sept 2026
Attachment B - Ord. Exhibit 1 - Title 16 Amendments.pdf Attachment C - Ord. Exhibit 2 - Title 17 Amendments.pdf 187
DRAFT ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA , APPROVING MUNICIPAL CODE
AMENDMENT NO. 202 6-03 THAT REVISES VARIOUS
ARTICLES WITHIN TITLE 16 (SUBDIVISIO N ORDINANCE)
AND TITLE 17 (DEVELOPMENT CODE) OF THE WILDO MAR
MUNICIPAL CODE KNOWN AS THE 2026 SPRING BIANNUAL
CODE UPDATE (TOGETHE R KNOWN AS “MCA NO. 2026-
03”)
WHEREAS, in accordance with Chapter 17. 145 of the Wildomar Municipal Code and California Government Code , the City Council, upon recommendation from the Planning Commission, has the authority to act on the proposed Development Code Amendment No. 2026-03; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 3, 2026 for Development Code Amendment No. 2026-03, and adopted PC Resolution No. 2026-05 recommending City Council approval of Development Code Amendment No. 2026-03 as amended during the hearing; and
WHEREAS, in accordance with Chapter 17.125 of the Wildomar Municipal Code, the Planning Division, on or before August 2, 2026, published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the City Council public hearing set for August 12 , 2026, regarding Development Code Amendment No. 2026-03; and
WHEREAS, on August 12, 2026, the City Council continued the public hearing to September 9, 2026, at which time the City Council resumed the public hearing, received and considered additional information and testimony, and concluded the public hearing; and
WHEREAS, in accordance with Section 17.125 of the Wildomar Municipal Code, the City Council conducted a duly noticed public hearing on September 9, 2026, at which time interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment No. 2026-03, and at which time the City Council received public testimony concerning Development Code Amendment No. 2026-03.
THE CITY COUNCIL OF THE CITY OF WILDOMAR HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1: ENVIRONMENTAL DETERMINATION.
In accordance with the requirements of the California Environmental Quality Act (“CEQA”), Public Resources Code § 21000, et seq., and the CEQA Guidelines, Section 188
§ 15000, et seq., Development Code Amendment No. 2026-03, and its supporting adopting ordinance, is exempt from further environmental review, based on the common sense exemption, CEQA Guideline Section 15061(b)(3), in that the amendments involve general policy and procedure making and it can be seen with certainty that there is no possibility that this code amendment and ordinance adoption may have a significant effect on the environment. Therefore, the additions and revisions proposed can be seen with certainty that they will not cause any significant impact on the environment. Given these factors, Development Code Amendment No. 2026-03 meets the criteria for a General Rule Exemption pursuant to Section 15061(b)(3) of CEQA. As a result, the City Council hereby adopts a general rule exemption in accordance with the CEQA Guidelines as stated above and finds that Development Code Amendment No. 2026-03 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
SECTION 2. REQUIRED DEVELOPMENT CODE AMENDMENT FINDING.
In accordance with Chapter 17.125 Wildomar Zoning Ordinance, the City Council makes the following finding approving Development Code Amendment No. 2026-03.
A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.
The proposed amendment is consistent with the City of Wildomar General Plan in that the proposed amendment will allow for implementation of the General Plan Land Use, Circulation , Air Quality, Economic Development, and other elements of the General Plan th at hold policy directed towards development and facilitating the process for orderly development and growth . The proposed amendments are updates and improvements to provisions within Title 16 and 17 that would create consistency, facilitate the process, and overall improve opportunity for development in Wildomar.
SECTION 3. AMENDMENT OF TITLE 16 AND TITLE 17 OF THE WILDOMAR MUNICIPAL CODE.
Title 16 (Subdivisions) of the Wildomar Municipal Code is hereby amended to read as illustrated in Exhibit 1 of this Ordinance, and Title 17 (Development Code) of the Wildomar Municipal Code is hereby amended to read as illustrated in Exhibit 2 of this Ordinance.
SECTION 4. SEVERABILITY
If any Chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that i t would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereo f be declared invalid or unconstitutional.
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SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code section 36933(c).
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WILDOMAR this _____ day of _____ 2026..
_____________________
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
Exhibit 1 – Title 16 Amendments
Exhibit 2 – Title 17 Amendments
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Title 16
SUBDIVISIONS
Chapter 16.04
INTRODUCTORY PROVISIONS AND
DEFINITIONS
§ 16.04.010. Authority.
§ 16.04.020. Advisory agencies.
§ 16.04.030. ReservedLand Development
Committee.
§ 16.04.040. Appeal boards.
§ 16.04.050. Suspensions.
§ 16.04.060. Definitions.
§ 16.04.070. Street and highway
definitions.
Chapter 16.08
DESIGN STANDARDS
§ 16.08.010. Conformance with General
Plan.
§ 16.08.020. General street design.
§ 16.08.030. Private streets.
§ 16.08.040. Street grades.
§ 16.08.050. Street alignment.
§ 16.08.060. Intersections.
§ 16.08.070. Alleys.
§ 16.08.080. Lots.
§ 16.08.090. Exclusions.
§ 16.08.100. Required access.
§ 16.08.110. Design of subdivision to
provide for future passive or
natural heating or cooling
opportunities.
Chapter 16.12
TENTATIVE MAPS
§ 16.12.010. Map numbers.
§ 16.12.020. Preliminary corner stakes.
§ 16.12.030. Pre-application review.
§ 16.12.040. Application.
§ 16.12.050. Division of land.
§ 16.12.060. Tentative tract maps.
§ 16.12.070. Tentative parcel maps.
§ 16.12.080. Planned
developments—Residential,
commercial and industrial.
§ 16.12.090. Vesting tentative maps.
§ 16.12.100. Filing of tentative map.
§ 16.12.110. Flood protection study fee.
§ 16.12.120. Map distribution.
§ 16.12.130. Reservedview by Land
Development Committee.
§ 16.12.140. Consideration by Planning
Commission.
§ 16.12.150. Consideration of tentative
maps by advisory agencies.
§ 16.12.160. Appeal of Planning
Commission
actions—Procedure.
§ 16.12.170. Extension of time for
processing.
§ 16.12.180. Failure to receive notice.
§ 16.12.190. Denial of tentative land
division maps.
§ 16.12.200. Land subject to contract
pursuant to California Land
Conservation Act.
§ 16.12.210. Revised tentative maps.
§ 16.12.220. Minor changes.
§ 16.12.230. Division into units.
§ 16.12.240. Expiration of approved
tentative maps and vesting
tentative maps—Extension
of time.
Chapter 16.16
FINAL MAPS AND PARCEL MAPS
§ 16.16.010. Generally.
§ 16.16.020. Subdivision boundary
requirements.
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WILDOMAR CODE
§ 16.16.030. Preliminary filing of final
map.
§ 16.16.040. Preliminary filing of parcel
map.
§ 16.16.050. Data required—Final land
division maps.
§ 16.16.060. Parcel maps compiled from
recorded data.
§ 16.16.070. Filing of final land division
maps.
§ 16.16.080. Action by City
Engineerounty Surveyor.
§ 16.16.090. Action by City Council.
§ 16.16.100. Surveys and monuments.
§ 16.16.110. Delivery of map to
Recorder.
§ 16.16.120. Waived maps.
§ 16.16.130. Waived maps—Mobilehome
park.
§ 16.16.140. Certificate of correction.
§ 16.16.150. Amendment of final maps or
parcel maps.
Chapter 16.20
DEDICATIONS
§ 16.20.010. Dedications generally.
§ 16.20.020. Park and recreation fees and
dedications.
Chapter 16.24
IMPROVEMENTS
§ 16.24.010. Land division improvements
generally.
§ 16.24.020. Improvement plans
required.
§ 16.24.030. Improvement for
subdivisions.
§ 16.24.040. Schedule "A" subdivision.
§ 16.24.050. Schedule "B" subdivision.
§ 16.24.060. Schedule "C" subdivision.
§ 16.24.070. Schedule "D" subdivision.
§ 16.24.080. Improvements for parcel
map divisions.
§ 16.24.090. Schedule "E" parcel map
division.
§ 16.24.100. Schedule "F" parcel map
division.
§ 16.24.110. Schedule "G" parcel map
division.
§ 16.24.120. Schedule "H" parcel map
division.
§ 16.24.130. Schedule "I" parcel map
division.
Chapter 16.28
MAJOR THOROUGHFARE AND
BRIDGE FEES
§ 16.28.010. Fee imposed.
§ 16.28.020. Definitions.
§ 16.28.030. General Plan applicability.
§ 16.28.040. Payment of fees.
§ 16.28.050. Establishment of area of
benefit—Notice.
§ 16.28.060. Establishment of area of
benefit—Conduct of public
hearing.
§ 16.28.070. Protests.
§ 16.28.080. Deposit of funds in separate
accounts.
§ 16.28.090. Advancement of funds by
City.
§ 16.28.100. Subdivider construction of
major thoroughfare or
bridge—Reimbursement.
§ 16.28.110. Continuation of fees
established by the County.
Chapter 16.32
FLOOD CONTROL AND DRAINAGE
Article I
Drainage Fees
§ 16.32.010. Authority.
§ 16.32.020. Area drainage plan—Fee
required.
§ 16.32.030. Adoption of area drainage
plan.
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SUBDIVISIONS
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§ 16.32.040. Payment of fees.
§ 16.32.050. Exceptions.
§ 16.32.060. Advancement of funds.
§ 16.32.070. Amendments.
§ 16.32.080. Calculation of fees and
administration.
Article II
Flood Control and Tract Drainage
§ 16.32.090. General provisions.
§ 16.32.100. Flood control.
§ 16.32.110. Tract drainage.
Chapter 16.36
DRY SEWERS
§ 16.36.010. Generally.
Chapter 16.40
ELECTRICAL AND
COMMUNICATIONS FACILITIES
§ 16.40.010. Installation requirements.
Chapter 16.44
STREET TREES
§ 16.44.010. General provisions.
§ 16.44.020. Security and agreements.
§ 16.44.030. Exemptions.
§ 16.44.040. Enforcement.
Chapter 16.48
SOIL EROSION
§ 16.48.010. Applicability.
§ 16.48.020. Factors of consideration.
§ 16.48.030. Soil erosion control
requirements.
§ 16.48.040. Wind erosion control plan.
Chapter 16.52
SURFACE MINING OPERATIONS
§ 16.52.010. Applicability.
§ 16.52.020. Statement of intent.
§ 16.52.030. Notice to buyers of land.
Chapter 16.56
SECURITY FOR IMPROVEMENTS AND
TAXES
§ 16.56.010. Security for improvements.
§ 16.56.020. Security for taxes and
assessments.
§ 16.56.030. Lien agreement as security.
Chapter 16.60
REVERSION TO ACREAGE
§ 16.60.010. Generally.
§ 16.60.020. Procedures for filing.
§ 16.60.030. Review of tentative map.
§ 16.60.040. Consideration by advisory
agency.
§ 16.60.050. Consideration by Council.
§ 16.60.060. Final map procedures.
§ 16.60.070. Merging of contiguous
parcels.
Chapter 16.64
LOT LINE ADJUSTMENTS
§ 16.64.010. Lot line adjustment defined.
§ 16.64.020. Filing requirements.
§ 16.64.030. Procedure.
§ 16.64.040. Recordation.
§ 16.64.050. Record of survey.
Chapter 16.68
ENFORCEMENT AND PENALTIES
§ 16.68.010. Denial of permits.
§ 16.68.020. Certificate of compliance.
§ 16.68.030. Notice of violation.
§ 16.68.040. Prohibition.
§ 16.68.050. Procedures, remedies and
penalties.
§ 16.68.060. City to be held harmless.
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Chapter 16.72
URBAN LOT SPLITS
§ 16.72.010. Purpose and intent.
§ 16.72.020. Eligibility.
§ 16.72.030. Objective standards.
§ 16.72.040. Filing, processing, and
action.
§ 16.72.050. Use and development
requirements.
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§ 16.04.010 SUBDIVISIONS § 16.04.030
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CHAPTER 16.04
INTRODUCTORY PROVISIONS AND DEFINITIONS
§ 16.04.010. Authority.
A. The ordinance codified in this title is adopted pursuant to the provisions of the Subdivision Map Act.
B. All land divisions in the City as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act and this title.
(Ord. 18 § 2, 2008, RCC § 16.04.010)
§ 16.04.020. Advisory agencies.
A. The Planning Commission is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative Schedule "A," "B," "C," "D" and "E" maps. The Commission is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and report the action directly to the City Council and the land divider.
B. The Community Development Planning Director is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative Schedule "F," "G," "H," and "I" parcel maps. The Community Development Planning Director is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and to report the action directly to the City Council and land divider.
C. Notwithstanding the above, or any other provision in this title to the contrary, the City Council reserves exclusively to itself the duty to investigate, approve, conditionally approve or disapprove all tentative Schedule "E" maps given fast track status. The City Council also reserves exclusively to itself the duty to investigate, approve, conditionally approve or disapprove all minor change and amendment to final map requests for all maps encompassing property within the boundaries of Assessment District No. 159, Assessment District No. 161, Community Facilities District No. 84-2, Community Facilities District No. 86-1, Community Facilities District No. 87 -1, Community Facilities District No. 87 -5 and Community Facilities District No. 88 -8. The Council's actions sh all be final with no further right of appeal.
(Ord. 18 § 2, 2008, RCC § 16.04.020)
§ 16.04.030. ReservedLand Development Committee.
There is created a Land Development Committee to act in an advisory capacity on all land divisions to the designated advisory agencies.
A. The Land Development Committee shall consist of representatives from the following departments and districts:
1. Transportation and Land Management Agency;
2. Planning Department;
3. Transportation Department;
4. Department of Building and Safety;
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5. Riverside County Flood Control and Water Conservation District;
6. Fire Department.
B. The Land Development Committee shall consider all land use proposals and report its findings and recommendations to the advisory agency for their decision.
C. A representative from one of the above departments or districts shall coordinate recommendations from the other departments and districts, under the supervision of the Planning Department.
(Ord. 18 § 2, 2008, RCC § 16.04.030)
§ 16.04.040. Appeal boards.
A. The Planning Commission is established as the appeal board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative Schedule "F," "G," "H" and "I" maps.
B. The City Council is established as the appeal board to which the land divider or any interested person may appeal from any action of the Planning Commission with respect to all tentative maps.
(Ord. 18 § 2, 2008, RCC § 16.04.040)
§ 16.04.050. Suspensions.
Notwithstanding the above, or any other provision in this title to the contrary, operation of the East Area planning council is suspended and its authority and duties transferred to the Planning Commission.
(Ord. 18 § 2, 2008, RCC § 16.04.050)
§ 16.04.060. Definitions.
A. General Definitions. In this title, unless the context otherwise requires, the following words shall have the following meanings.
"Advisory agency" means the Planning Commission or the Community Development Planning Director as specified in Section 16.04.020. "Building official" means the appointed building official Director of the Building and Safety Divisionepartment .
"City" means the City of Wildomar.
"City Council" or "Council" means the City Council of the City of Wildomar. "Community services district" means a community services district which has the power to construct and maintain streets.
"County Surveyor" means the County Surveyor of Riverside County. "Department of Transportation" means the Department of Transportation of the State of California.
"Public Works Director of Transportation " means the Director of the Public WorksTransportation Department for the City of Wildomar .
"Fast track status" means the status conferred on a map by majority vote of the City Council or by the Executive Director of the Economic Development Agency in accordance with the 196
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provisions of City Council Policy A-32.
"Fire Chief" means the chief of the fire protection agency or designee having jurisdiction of the area in which a land division is located.
"Flood control engineer" means the person as determined by the area in which a land division is located as follows:
1. Within the boundaries of the Riverside County Flood Control and Water Conservation District, it means the chief engineer of that district;
2. Within the boundaries of the flood control jurisdiction of the Coachella Valley Water District, it means the general manager -chief engineer of that district;
3. Outside the boundaries of either of the above districts, it means the person designated by the City Council to perform the flood protection studies. "Health officer" means the health officer of the City. "Land use ordinance" means Title 17 of this Code, as amended. "Community Development Planning Director" means the
Community Development Planning Director of the City.
"Prime agricultural land" and the "Williamson Act" means either:
1. Land which qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classifications;
2. Land which qualifies for rating 80 through 100 in the Storie Index Rating;
3. Land which supports livestock used for production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture;
4. Land planted with fruit or nut -bearing trees, vines bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultura l plant production not less than $200.00 per acre;
5. Land which has returned from the production of unprocessed agricultural plant products and annual gross value of not less than $200.00 per acre for three of the previous five years.
"Recorder" means the Recorder of Riverside County.
"Staff" means the employees of the City of WildomarTransportation and Land Management Agency, the Health and Fire Departments and the Riverside County Flood Control and Water Conservation District .
"Transportation and Land Management Agency" means the Departments of Planning, Transportation and Building and Safety consolidated into one agency.
B. Technical Definitions.
"Approved fire hydrant" means an appliance meeting AWWA pamphlet C -502 or C-503 standards and approved by the water company and fire department having jurisdiction. "Comprehensive General Plan" means the Comprehensive General Plan of the City, 197
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1. Street alignments, grades and widths;
2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;
3. Location and size of all required easements and rights-of-way;
4. Fire roads and firebreaks;
5. Lot size and configuration;
6. Traffic access;
7. Grading;
8. Land to be dedicated for park or recreational purposes; and
9. Such other specific physical requirements in the plan and configuration of the entire land division as may be necessary or convenient to insure consistency with or implementation of the Comprehensive General Plan or any adopted specific plan. "Environmental constraint note" means any note or notes required by the conditions of approval to be shown on an environmental constraint sheet and reference made thereto on the final map. This shall be required when constraints involving but not limited t o any of the following are conditioned by the advisory agency or City Council: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability, and sewage disposal. "Environmental constraint sheet" means a duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map, with the City Engineer County Surveyor, and labeled "Environmental Constraint Sheet" in the top margin. Applicable items will be shown under a heading labeled "Environmental Constraints Notes." The environmental constraint sheet shall contain the statement: "The environmental constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and is not intended to affect record title interest. This information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet."
"Fire hazard areas" means area within the CityCounty so designated on the map entitled "Hazardous Fire Areas of Riverside County the City of Wildomar" on file in the office of the City Clerk and in the office of the Fire Chief.
"Improvement" means any street work, surveys and monuments and utilities to be installed, or agreed to be installed, by the land divider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic needs as condition precedent to the approval and acceptance of the final map thereof. Improvement also means such other specific improvements or types of improvements the installation of which, either by the land divider, public agencies, private utilities, any other entity or by any combination 198
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public utility to a contiguous ownership;
f. A lot line adjustment solely for the purpose of increasing or adjusting the size of adjacent lots or parcels, provided that the lot line adjustment does not reduce the original parcels below the zoning development standards applicable to the land, no additional parcels are created and the adjustment is approved by the Community DevelopmentPlanning Director;
g. When a land division is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.
For a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the Planning DivisionDepartment , or until the construction of the improvements is required pursuant to an agreement between the subdivider and the City. In the absence of that agreement the City may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the City that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or the required construction is a necessary prerequisite to the orderly development of the surrounding area. A designated remainder subsequently may be sold without any further requirement of the filing of a parcel map or final map, but the Community Development Planning Director may require a certificate of compliance or conditional certificate of compliance. "Lot line adjustment" means a minor alteration to adjust a lot line or lot lines. It is not a subdivision or resubdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act and this title applicable to subdivision and re-subdivisions do not apply.
"Minor change" means a minor modification of an approved tentative map that includes, but is not limited to, a change in lot lines, lot design or street alignment, building pad location or grading proposals provided that the basic design concept is retaine d. A minor change may decrease, but not increase the number of approved lots. A minor change may alter or delete any condition of approval which is no longer appropriate or necessary.
Notwithstanding the above, or any other provision herein to the contrary, a request to alter or delete a condition of approval of any approved tentative map within the boundaries of the following districts shall, in all instances, be considered a minor change: Assessment District No. 159, Assessment District No. 161, Community Facilities Dis trict No. 84 -2, Community Facilities District No. 86 -1, Community Facilities District No. 87 -1, Community Facilities District No. 87 -5 and Community Facilities District No. 88 -8. "Planned residential development" means residential development including, but not limited to, statutory and nonstatutory condominiums, cluster housing, town houses and community apartments that is permitted reduced lot area, width and depth requirements a nd building setback requirements, by integrating into the overall development open space 199
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and outdoor recreational facilities, and which may include recreational and public assembly buildings intended primarily for the use of the residents of the project, within the development.
"Public access" means:
1. A dedication to public use or to the City to the required width for road purposes;
2. A permanent written easement for road purposes to the required width from the state or federal government;
3. An access road, as defined in this title that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the Public Works Director of Transportation ;
4. A dedication to a community services district to the required width for road purposes. "Public improvements" means traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, flood control or storm drain facilities, sewer and water facilities, and lighting facilities.
"Revised tentative map" means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map. "Specific plan" means a plan adopted by the Council that is based upon the Comprehensive General Plan of the City of Wildomar, as provided in Section 65450 et seq. of the Government Code.
"Storm frequency of one in 100 years" means a storm that will probably be equaled or exceeded on the average of once every 100 years. It does not follow, however, that such a storm will be equaled or exceeded once in every 100 -year period, or that having o ccurred once, it will not occur again for 100 years. It may occur several times in a 100-year period, but over a sufficient length of time the average is expected to be once in 100 years. "Tentative map" means a map made for the purpose of showing the design and improvement of a proposed land division and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. "Vesting tentative map" means a land division that has printed conspicuously on its face the words "Vesting Tentative Map" and is processed in accordance with Section 16.12.090. (Ord. 18 § 2, 2008, RCC § 16.04.060)
§ 16.04.070. Street and highway definitions.
"Highway" or "street" means a right-of-way within which improvements are constructed for the conveyance of vehicular and pedestrian traffic and includes all highways, streets, road and alleys.
The rights -of way and improvements shall be in conformity with Transportation Department standards and specifications as set forth by the City Engineerin Riverside County Ordinance 461 .
1. "Freeway" means a highway upon which the abutter's rights of access are controlled and which provides separated grades at intersecting streets.
2. "Expressway" means a highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately 200
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built within the dedicated right -of-way and providing safe, passable access from a maintained road to a land division site; or
b. A proposed road that will be constructed to grade, alignment, and width from the project site to a maintained or public road as defined in later chapters of this title.
14. "Maintained road" means a road in which the road maintenance shall be principally conducted by a governmental agency, a City service area, or community services district. A road maintained by a property owner's association may constitute a maintained road if the City Council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right and obligation to maintain the road pursuant to recorded conditions, covenants and restrictions which provide that such right and obligation cannot be amended or terminated without the mutual consent of the City and the association.
15. "Alley" means a secondary means of access to property and is located at the rear or side of the property. Minimum right -of-way width shall be 20 feet.
16. "Major, secondary and residential frontage road or service road" means an auxiliary street adjacent to freeways, expressways, arterial highways, major highways, secondary highways and flood control channels. Minimum right-of-way width shall be in accordance with the appropriate City street standards.
17. "Cul-de-sac street" means a road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.
18. "Dead-end street" means a street open at one end only without provisions for turning around and which may be further extended into adjoining property.
19. "Private street" means a street within a private development or a planned residential development whereby the street requirements are regulated by Section 16.08.030.
20. "Part-width street" means any street in which the improved width is less than the width necessary for a normal full -width street.
21. "Rural road" means any local residential street within designated areas, identified in the General Plan, community plan, or a specific plan serving less than 50 single -family lots with lot sized of one-half acre or larger. Minimum right-of-way shall be 60 feet. The radii, maximum grade percentage, intersection intervals and all other design standards except pavement width shall be the same as those for a local road as required by the City EngineerRiverside County Ordinance 461 . Minimum improvements are as follows:
Road
Classification
Minimum
Parcel Size
Number of
Residences
Minimum
Pavement
Width
Road Standard
Number
Collector ½ acre gross 21 through 49 28 feet No. 136
Residential
(Local)
2 acres gross 20 or less 24 feet No. 138
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Road
Classification
Minimum
Parcel Size
Number of
Residences
Minimum
Pavement
Width
Road Standard
Number
The above rural road standards shall be applicable in the following areas: a. Lake Mathews Community Plan; b. County service areas Numbered 41, 86, 104, 105, 108, 117, 124 and 149.
Street and Highway Details.
1. "Barrier strip" means a strip of land one foot or more in width dedicated to the City for street purposes and access control at the end of a dead-end street or along the side of a part- width dedicated street or other public right -of-way.
2. "Bicycle way" means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.
3. "Median" means that portion of a divided highway separating the traveled way for traffic in opposite directions.
4. "Multilane demand" means that projected traffic volume will exceed the nominal capacity of a two-lane street section when such projected traffic volume is determined by a rational method of traffic generation employing land use techniques and traffic engineering principles.
5. "Outer separation" means the area between the traveled way of a highway for through traffic and a frontage road or service road.
6. "Pedestrian way/sidewalk" means a right -of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right -of-way, at grade, or grade separated from vehicular traffic.
7. "Right-of-way" means the entire width of property for the use of highways, flood and drainage works, overhead and underground utilities, or any related improvements.
8. "Parkway" means the area adjoining the outer edge of the roadbed, extending to the right - of-way line in which sidewalks, plantings, utilities, bank slopes and related facilities may be located.
9. "Roadway" means that portions of the highway including roadbed, all slopes, side ditches, channels, waterways and all other related facilities which are located within a road right -of- way.
10. "Roadbed" means that portions of the roadway extending from curb -face or to the outside lien of improved shoulders.
11. "Traveled-way" means that portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
(Ord. 18 § 2, 2008, RCC § 16.04.070)
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CHAPTER 16.08
DESIGN STANDARDS
§ 16.08.010. Conformance with General Plan.
A. All land divisions shall conform to the Comprehensive General Plan of the City, with all applicable specific plans, with the requirements of the land use ordinance and other ordinances, and with the requirements of this title except as hereinafter provided .
B. The requirements set forth within this title are minimum requirements, and the City may impose greater requirements if so justified.
C. Exceptions from the requirements of this title relating to the design or improvement of land divisions shall be granted by the appropriate advisory agency or appeal board only when it is determined that there are special circumstances applicable to the property, such as but not limited to size, shape or topographical conditions, or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity.
D. Applications for exceptions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be submitted with the application for a land division.
(Ord. 18 § 2, 2008, RCC § 16.08.010)
§ 16.08.020. General street design.
A. The street system in the proposed land division shall relate, in general, to the existing streets in the area adjoining the proposed land division.
B. The proposed street plan shall give consideration to the future development of adjoining undeveloped property.
C. All streets shall be designed to serve the proposed use of the abutting land.
D. When improvements are required, part -width boundary streets in a land division adjacent to undivided land shall have a minimum right-of-way width of 40 feet. The land developer shall provide the prescribed half -width, and the additional dedications shall be acquired from the adjacent undeveloped property.
E. When no improvements are required, part -width boundary streets shall have a minimum right-of-way width of 30 feet.
F. Additional right -of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage structures, and other facilities related to land division improvements.
G. When consistent with existing development, access to residential property along freeways, expressways, arterial highways, major highways and flood control channels shall be provided by one of the following:
1. A frontage road or service road;
2. A street separated by a tier of lots.
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H. Design of streets shall make provisions for railroads, parkways, expressways, grade separations, flood control channels, prevailing geological conditions and local drainage facilities.
I. In order to assure adequate evacuation times, whenever lots of a proposed land division are located more than 1,320 feet, or 660 feet in a high fire hazard area, from a publicly maintained circulatory road, alternate or secondary access shall be provided.
J. When alternate access is required and the alternate access is off -site, or when any other public improvement is required or proposed off -site, the land divider shall do each of the following as part of the tentative map review.
1. Provide any studies or information required to adequately evaluate the environmental impacts of constructing the off -site improvement/alignment;
2. Show all proposed centerline, approximate gradients and radii on the tentative map in addition to other factors such as street widths, pavement surface, etc. for the off -site improvement/alignment;
3. Provide mailing labels showing the addresses of property owners that are adjacent to the off -site improvement/alignment for hearing notification purposes; and
4. Provide written assurance(s) from the owner(s) of the property underlying the off-site improvement/alignment that sufficient right -of-way to construct will be provided. A formal agreement or offer of dedication is not necessary to satisfy this requirement, but the owner's willingness to cooperate must be communicated in a form acceptable to the Public WorksTransportation Department , Engineering Division .
In the event that the land divider does not satisfy one or more of the requirements set forth in subsection (J)(1), (2) or (3) of this section, and no exception is granted, the tentative map shall be redesigned such that the off -site improvement/alignment is no longer required. If the land divider refuses or is unable to redesign, project review staff shall recommend to the appropriate advisory agency or appeal board that the tentative map be denied. In the event that the land divider does not satisfy the requirement set forth in subsection (J)(4) of this section, project review staff shall note in its report the potential need to institute eminent domain proceedings and the appropriate advisory agency or appeal board may, in its discretion, act on the tentative map as designed or require that the map be redesigned to eliminate the off -site improvement/alignment.
K. Cul-de-sac streets shall conform with Riverside County Ordinance 461, Standard No. 800standards provided by the City Engineer . When a part-width cul-de-sac is permitted, an offset cul -de-sac shall be provided in conformance with standards provided by the City EngineerRiverside County Ordinance 461, Standard No. 800(A) .
L. Dead-end and part-width streets shall not be permitted if it is determined that adjacent land use or topographical features will not permit the extension or widening of such streets.
Dead-end streets shall be so designed that access to abutting property shall be physically possible.
M. On land divisions where improvements are not required, the centerline alignment of the street right -of-way shall be so located that future improvements will be feasible and in accordance with City standards and ordinances.
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(Ord. 18 § 2, 2008, RCC § 16.08.020)
§ 16.08.030. Private streets.
A. Private streets may be permitted when it is determined that there is adequate provision for their construction and continued maintenance, that the welfare of the occupants of the development will be adequately served and that it will not be detrimental to the public health, safety and general welfare.
B. Private streets, other than interior streets of planned residential developments, shall be required to be offered for dedication to public use. All dedicated private streets shall meet the width requirements set by the City Engineer Director of Transportation and shall be constructed in accordance with improvement standards of Riverside County Ordinance 461approved by the City Engineer . All offers of dedication shall remain in effect and shall be irrevocable unless abandoned under the Streets and Highways Code.
C. All streets that are permitted to be private, whether offered for dedication or not, may provide for access control by land division design, posting or gating.
D. Interior streets of a planned residential development, if not offered for dedication, shall be constructed to minimum widths of 32 feet for noncirculatory interior access and 36 feet for circulatory interior access in accordance with improvement standards approved by the City Engineerof Riverside County Ordinance 461 ; however, reduced widths may be permitted when either of the following conditions occur:
1. Where the design and topography permit the taking of access only on one side of the street; or
2. When the design does not permit on-street parking.
E. When a special design for a cul -de-sac, length of a street terminating in a cul -de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this chapter or in the improvement standards of Riverside County Ordinance 461, the design shall be submitted to the City Engineer Director of Transportation for approval.
F. Concrete rolled curbs in conformance with Riverside County Ordinance 461, Standard No. 202approved standards , may be permitted in place of standard curbs on non -dedicated streets upon the determination of the City EngineerDirector of Transportation that the streets are adequate to handle drainage, and that an adequate maintenance program is provided for in the covenants, conditions and restrictions.
G. Sidewalks shall be required to be constructed in conjunction with dedicated or nondedicated private streets unless it is determined by the approving body to be unnecessary, considering the design of the development. Sidewalk construction shall be in accordance with the improvement standards of Riverside County Ordinance 461 unless otherwise approved by the City Engineer Director of Transportation .
H. Improvement plans, agreements and bonds shall be required for all dedicated and non - dedicated private streets in accordance with the applicable provisions of this title. (Ord. 18 § 2, 2008, RCC § 16.08.030)
§ 16.08.040. Street grades.
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A. Grades for local streets may not exceed 16% unless approved by both the Public WorksTransportation and Fire Departments. In areas with an elevation of 5,000 feet or more, street grades shall not exceed 10%, except that grades up to 15% may be approved for distances not to exceed 200 feet.
B. Street grades of less than 0.50% may be approved only when engineering design shows that local drainage provisions are adequate and steeper gradients cannot be obtained. The utilization of combinations of steep and minimum grade lines as a means of generat ing embankment materials for on -site tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades which will be in conformance with the existing terrain. (Ord. 18 § 2, 2008, RCC § 16.08.040)
§ 16.08.050. Street alignment.
Curves of streets with right -of-way width of 60 feet or less shall have a minimum centerline radius of 300 feet in comparatively level locations and shall have a minimum centerline radius of 150 feet in comparatively steep hillside locations.
(Ord. 18 § 2, 2008, RCC § 16.08.050)
§ 16.08.060. Intersections.
A. All street intersections shall be at right angles, plus or minus five degrees, unless otherwise approved by the Public Works Director of Transportation .
B. Centerline offsets of less than 200 feet shall not be permitted, except that in special design cases off -sets of less than five feet may be used when approved by the Public Works Director of Transportation .
C. Curb Returns.
1. A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as collector or local streets.
2. A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a secondary highway or greater.
3. In hillside areas, the curb return radius may be modified if required because of the topography.
D. Corner cutbacks shall be established as provided in standards approved by the City EngineerRiverside County Ordinance 461, Standard No. 805 .
E. Frontage road connections providing access on commercially or industriallyC-1/C-P, C-P-S, M-SC, M-M, M-H and I-P zoned properties to the main highway shall incorporate an intersection design in conformance with standards approved by the City Engineer Riverside County Ordinance 461, Standard No. 802 .
F. Median openings or crossovers between opposing lanes of a divided highway shall be located only at approved intersections and at intervals of not less than 660 feet unless otherwise approved by the Public Works Director of Transportation . (Ord. 18 § 2, 2008, RCC § 16.08.060)
§ 16.08.070. Alleys.
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A. Improved alleys not less than 20 feet in width may be approved at the rear of all lots intended for industrial, commercial, and multiple -family uses.
B. Alley intersections shall have minimum corner cutbacks of 25 feet or shall provide unobstructed sight distance as approved by the Public Works Director of Transportation .
C. Dead-end alleys shall provide an adequate turnaround.
D. Part-width alleys shall not be permitted.
(Ord. 18 § 2, 2008, RCC § 16.08.070)
§ 16.08.080. Lots.
A. Lot size shall not be less than the minimum required by the zoning classifications applicable to the subject property, and shall be consistent with the comprehensive General Plan for the City.
B. Corner lots shall be designed to provide a building site equal to that required for interior lots in the same zone.
C. When lots 18,000 square feet or less are proposed, the depth of lots shall not exceed two and one -half times the width. When lots greater than 18,000 square feet are proposed, the depth shall not exceed four times the width.
D. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement.
E. When a lot includes an access strip, the access strip shall not be less than 30 feet in width.
In no case shall the length of the access strip exceed 660 feet. When the access portion abuts a dead-end street or cul-de-sac, the combined length of the street and the access strip shall be no more than 1,320 feet in length in a nonhazardous fire area and 660 feet in a hazardous fire area.
F. Side lot lines shall be at approximately right angles or radial to the street centerline, except where terrain or other restrictions make such design impractical.
G. Lots less than two acres in gross area shall not have double street frontage except that in hillside areas where the topography requires, lots may abut two or more streets provided that the frontage and vehicular access is from only one such street.
H. No lot shall be divided by a city, county, school district or other taxing agency boundary line.
I. The minimum lot frontage on a knuckle or cul-de-sac street shall be 35 feet measured along the property line unless otherwise specified in the development standards of the zoning classification.
J. Lot frontage along curvilinear streets may be measured at the building setback line in accordance with development standards of the zoning classifications.
K. Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll up door, measured from the back of the sidewalk to the face of garage door or the face of the curb if no sidewalk is required, or 20 feet from the street right -of-way, whichever setback is greater.
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CHAPTER 16.12
TENTATIVE MAPS
§ 16.12.010. Map numbers.
A. Prior to filing of a tentative map, a map number shall be obtained from the County Surveyor.
Any number that is not used within two years from the date it is issued shall become null and void. The land divider shall pay the fee required as set forth in Cha pter 3.44.
B. When the tentative map is a parcel map division, this shall be so indicated thereon.
C. The County Surveyor shall maintain a permanent record of all map numbers.
D. When applying for a map number, the land divider shall certify that he or she is the record owner of the property, or that the record owner consents to the filing of the map, or the land divider shall submit such proof of ownership or consent of the owner as shall be necessary for the County Surveyor.
E. When a number has been assigned by the County Surveyor for a particular parcel or contiguous parcels of land, the land divider shall place the map number upon each tentative map of the land division and neither the number nor the area of the parcel of land for which the number is issued shall thereafter be changed or altered in any manner upon the tentative map of the land division unless and until a new number has been assigned by the County Surveyor.
(Ord. 18 § 2, 2008, RCC § 16.12.010)
§ 16.12.020. Preliminary corner stakes.
At the request of staff, the land divider may be required to place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided. The stake shall extend at least three feet above ground and be identified with a number and corner description.
(Ord. 18 § 2, 2008, RCC § 16.12.020)
§ 16.12.030. Pre-application review.
Prior to submitting an application for a tentative map, the land divider shall comply with the pre - application review procedure described in Chapter 15.68 to the extent that such procedure is applicable.
(Ord. 18 § 2, 2008, RCC § 16.12.030)
§ 16.12.040. Application.
A. Prior to submitting a tentative map, the land divider shall obtain an application for a land division, which form shall be furnished by the Community DevelopmentPlanning Director and completed by the land divider.
B. The application shall be for the purpose of:
1. Providing and clarifying the information required to be shown on, or to accompany, the tentative map;
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2. Determining whether the land division conforms to all the requirements of this and other City ordinances;
3. Expediting the processing of the tentative map.
(Ord. 18 § 2, 2008, RCC § 16.12.040)
§ 16.12.050. Division of land.
A. No person shall make any land division, as defined in this title, of real property located in the City, except in accordance with the provision of the Subdivision Map Act and this title.
B. When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map has been approved by the appropriate approving body. (Ord. 18 § 2, 2008, RCC § 16.12.050)
§ 16.12.060. Tentative tract maps.
A. The following information shall be shown on and verified or accompany tentative tract maps. The Community Development Planning Director may require such additional information as he or she deems necessary and reasonable.
1. Tract number, title of map, assessors' parcel number and legal description of property, not including tract name;
2. Name, address and telephone number of owner and land divider and name, address and telephone number of person preparing map;
3. Ownership information on additional property owned adjacent or contiguous to the land to be subdivided;
4. Approximate total acreage of property and lot size, net and gross for a typical lot and for each irregular lot, overall dimension, north arrow, scale and date;
5. Subdivision boundary line and detailed vicinity map showing relationship to surrounding community;
6. Names, locations, right -of-way, widths and improvements of adjacent streets, alleys, railroads, transmission lines, pipelines, sewers and existing structures, both above and below ground;
7. Names, locations, widths of right -of-way for proposed streets, alleys and easements, and the approximate grades of proposed and existing streets and approximate street centerline radii of curves;
8. Streets, alleys and right-of-way providing legal access to the property;
9. If private streets are proposed, they shall be so noted on the tentative map;
10. Names of utility purveyors, locations and widths of existing and proposed public utility easements:
a. When specific areas for subsurface disposal are required, those areas shall be delineated,
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b. Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map;
11. Water courses, channels, existing culverts and drain pipes , including existing and proposed facilities for control of stormwaters;
12. Land subject to overflow, inundation or flood hazard;
13. Any land or right -of-way to be dedicated to public use;
14. Identify common areas and open spaces;
15. Proposed lot lines and approximate dimension;
16. Adjoining property and lot lines;
17. Maximum contour interval shall be four feet. The contour lines shall extend 300 feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant. Copies of U.S.G.S. topographic maps are acceptable only when other information is not available. Flood control and Transportation Public Works Department base maps may be acceptable;
18. Site grading:
a. Whenever any area of the proposed tract has a gradient of five percent or more, as measured between natural contours, the following information shall be shown on, or accompany, the tentative map:
i. The proposed cuts and fills in the tract:
(A) All cut and fill slopes or combinations thereof shall be made no steeper than 2:1 (two horizontal to one vertical), and their height shall be no greater than 10 feet. Exceptions to these standards may be permitted as follows:
(1) Cut Slopes. Slope ratios steeper than 2:1 and slope heights in excess of 10 feet vertically shall be considered if they are recommended to be safe in a slope stability report written by either a registered soil engineer or a registered engineering geologist. The slope stability report must also include recommendations for eros ion control and landscaping of the proposed grading.
(2) Fill Slopes. Fill slopes with heights in excess of 10 feet vertically (on a slope of 2:1) may be allowed if they are recommended to be safe in a slope stability report written by a registered soil engineer. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.
Based on the slope stability report, fill slopes greater than 10 feet may need to be constructed at a more gentle slope ratio (e.g. 3:1 or 4:1), in order to achieve stability.
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land divisions and related improvements.
(Ord. 18 § 2, 2008, RCC § 16.12.060)
§ 16.12.070. Tentative parcel maps.
A. The following information shall be shown and verified on or accompany all tentative parcel maps and any other information that the Community Developme ntPlanning Director may deem necessary and reasonable.
1. Parcel map identification number, assessor's parcel number, title of map, and legal description of property but not including tract name;
2. Name and address of owner and land divider and name and address of person preparing map;
3. Approximate total acreage of property and lot size net and gross for a typical lot and for each irregular lot, overall dimension, north arrow, scale and date;
4. Land division boundary line and vicinity map showing relationship to surrounding community;
5. Assessor's map book and page numbers of adjoining land divisions;
6. Names, locations, right-of-way, widths and improvements of existing adjacent streets, alleys, railroads, and existing structures, both above and below ground;
7. Names, locations, widths of right -of-way for proposed streets, alleys and easements, and the approximate grades of proposed streets and approximate street centerline radii of curves;
8. Street and right-of-way providing legal access to the property;
9. If the private streets are proposed, it shall be so noted on the tentative map;
10. Names of utility purveyors, locations and width of existing and proposed known public utility easements:
a. When specific areas for subsurface sewage disposal systems are required, the disposal areas shall be depicted. This requirement applies to Schedule "E" parcel maps only.
b. Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map;
11. Water courses, channels, existing culverts and drain pipes , including existing and proposed facilities for control of storm waters;
12. Land subject to overflow, inundation or flood hazard;
13. Any land or right -of-way to be dedicated to public use and right -of-way for railroads and other uses;
14. Identify common areas and open spaces;
15. Proposed lot lines and approximate dimensions;
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16. Adjoining property and lot lines;
17. Maximum contour intervals shall be four feet. The contour lines shall extend 300 feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant. Copies of U.S.G.S. topographic maps are acceptable only when other information is not available. Flood control and Transportation Public Wo rks Department base maps may be acceptable;
18. Existing use and zoning of property immediately surrounding tentative map;
19. Existing zoning and proposed land use (single -family, multifamily, business, industrial);
20. A statement as to whether the tentative map includes the entire contiguous ownership of the land divider or only a portion thereof;
21. A list of the names and addresses of the owners of real property located within 600 feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll, and any update issued by the County Assessor.
B. Reports and written statements on the following matters shall accompany the tentative map:
1. Proposed method of control of storm water, including data as to amount of runoff, and the approximate grade and dimension of the proposed facilities;
2. A written statement (Form SAN 53) from the health officer, stating the type of sewage disposal and water supply that will be permitted shall be submitted for all parcel maps.
C. If the land division lies within a special studies zone shown on the map prepared by the State Geologist, pursuant to the Alquist -Priolo Earthquake Fault Zoning Act, a geologic report or waiver thereof pursuant to the provisions of Chapter 15.76 shall acco mpany all tentative maps.
D. Requests to waive the parcel map for any parcel map division shall be filed at the time of the filing of the tentative parcel map.
E. A program for the control of soil erosion and other pollutants in conformity with Chapter
15.12, and within blow sand areas, Chapter 16.48, shall be submitted and implemented for land divisions and related improvements.
(Ord. 18 § 2, 2008, RCC § 16.12.070)
§ 16.12.080. Planned developments—Residential, commercial and industrial.
Whenever a tentative tract map or parcel map is filed for a planned residential, commercial or industrial development, as defined in Title 17 of this Code, the following data shall accompany or be delineated on the tentative map in addition to the data req uired by Sections 16.12.060 and
16.12.070:
A. Locations and dimensions of proposed dwellings, buildings or other structures; B. Table indicating area and density calculations;
C. Building setback dimensions;
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D. Driveways, loading and parking areas;
E. Location and type of proposed fencing, gates and walls; F. Irrigation and landscaping plans, including plant species; G. Floor plans and elevations;
H. Location and dimension of common areas;
I. Proposal for maintenance of common areas;
J. Proposed special restrictions.
(Ord. 18 § 2, 2008, RCC § 16.12.080)
§ 16.12.090. Vesting tentative maps.
A. This section is enacted pursuant to Section 66498.1 of the Government Code, and is intended to establish procedures necessary to implement the provisions of the Subdivision Map Act and this title. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those City ordinances, policies and standards described in Section66474.2 of the Government Code or, if that section is repealed, with the City ordinances, policies and standards which are in effect at the time the vesting tentative map is approved or conditionally approved. The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. Whenever a provision of this ordinance requires that a tentative map be filed, a vesting tentative map may be filed instead.
B. Whenever a vesting tentative map is filed, it shall be processed in the same manner as a tentative map unless modified by this section, and shall have printed conspicuously on its face the words "Vesting Tentative Map." All vesting tentative maps shall be submitted to the Community Development Planning Director on the forms provided by the Planning Divisionepartment and shall be accompanied by the filing fee set forth in Chapter 3.44. In addition to the data required by Sections 16.12.060 and 16.12.070, the following data and information may be required by the Community Development Planning Director:
1. A plot plan, drawn to scale, that shows the following:
a. Name, address and the telephone number of the applicant and all owners of the subject property, including evidence that all owners agree to the application; b. Location or address of the property and assessor's parcel number; c. Boundary and dimension of property, north arrow, scale and date; d. Topography of the property;
e. Approximate total acreage of the property and lot size of each lot, recreational and open space area, and paving. Common areas and open space to be identified; f. Location and names of adjoining streets, alleys and right-of-way providing legal access to the property;
g. Name, locations and widths of right-of-way for proposed streets, alleys, and 213
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easements. Streets without current names must show proposed names; h. Drainage plan to control both on -site and off -site storm runoff, water courses, channels, existing culverts and drainpipes including existing and proposed facilities for control of storm waters, and data as to the amount of runoff and the approximate grade and dimensions of proposed facilities for control of stormwaters;
i. Height, size and location of buildings;
j. Typical street cross sections;
k. Lighting system, street and outdoor;
l. Signs (location, dimensions, height);
m. Setback dimensions;
n. Location and nature of proposed and existing fences, gates, walls, driveways and curbs;
o. Irrigation systems;
p. Landscaping, including size, species and spacing proposed, including planters; q. Elevations and floor plans;
r. Detailed grading plans.
C. An application for an amendment or minor change to a vesting tentative map may be made at any time prior to expiration of the map.
D. Whenever the intended development of a vesting tentative map is inconsistent with the zoning ordinance in existence at the time of filing of the map, that inconsistency shall be noted on the map, and the map may be denied or approved upon condition that th e zoning is changed to eliminate the inconsistency. A conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the amended zoning and the map, as approved.
E. Notwithstanding any provision in this chapter to the contrary, any permit approval, extension or entitlement of a vesting tentative map be conditioned or denied under either of the following circumstances.
1. A failure to do so would place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both;
2. The condition of denial is required in order to comply with state or federal law. In addition, the conditions of approval of a vesting tentative map may be amended through a minor change in order to protect against conditions dangerous to the public health or safety.
(Ord. 18 § 2, 2008, RCC § 16.12.090)
§ 16.12.100. Filing of tentative map.
A. Date of Filing. The date of filing for the purpose of determining the 50-day limitation for 214
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action on the tentative map shall be the date on which the Community Development Planning Director accepts the map as complete for filing.
B. Submittal Requirements. All tentative maps shall be submitted to the Community DevelopmentPlanning Director and shall be accompanied by the appropriate fee specified in Chapter 3.44 and shall comply with Sections 16.12.060 through 16.12.090. The map shall be drawn to an engineer's scale which clearly presents the details. The map sheets shall not be less than 18 by 26 inches. The number of copies of the map to be submitted shall be as determined by the Community Development Planning Director.
C. Additional Information. Within 30 days of the date on which the map is submitted, the Community Development Planning Director shall determine whether any additional information is required, and the applicant or representative shall be so notified. Once the information required to complete the review of the tentative map is provided, the Community Development Planning Director shall accept the map as complete for filing.
Additional information which may be required shall include, but not be limited to, data necessary to complete environmental review, flood and drainage studies, sewage disposal information, and circulation studies.
D. Effect of Environmental Review. Notwithstanding subsection A of this section, the time limitation for action on the tentative map shall be 50 days after certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the California Environmental Quality Act. (Ord. 18 § 2, 2008, RCC § 16.12.100)
§ 16.12.110. Flood protection study fee.
A. A flood protection study fee as set forth in Chapter 3.44 shall be paid upon the submittal of the tentative map to the Community Development Planning Director.
B. When the fee is collected, it shall be paid to the flood control district that performs the flood protection study.
C. No charge shall be made for a flood protection study on a revised tentative map filed within two years of the original filing unless additional lots have been added. If a resubmitted map has additional lots proposed, a supplemental payment of the normal lot fee multiplied by the additional number of lots will be required. After two years the fee shall be the same as the original fee.
D. There shall be no flood protection study fee for reverting subdivided lands to acreage. (Ord. 18 § 2, 2008, RCC § 16.12.110)
§ 16.12.120. Map distribution.
Upon the submittal of the tentative map to the Community Development Planning Director, one copy thereof shall be forwarded to each member of the Planning Commission and to each of the following as may be concerned:
A. California Department of Transportation;
B. Any municipality entitled thereto;
C. The flood control district or person designated who will perform flood control and drainage studies;
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D. Any city, community services district, school or other authorized district requesting a copy; E. Any utility purveyor serving the area with its facilities; F. Any others as may be appropriate.
(Ord. 18 § 2, 2008, RCC § 16.12.120)
§ 16.12.130. Reservedview by Land Development Committee.
A. All tentative maps shall be reviewed by the appropriate section of the Land Development Committee. The land divider and his or her representative shall be notified of the date and time of the meeting, at which time the land divider shall review the proposed map with the Committee.
B. Upon completion of its review, the Land Development Committee shall prepare a report and recommendation and shall transmit a copy thereof to the Planning Commission. The report shall be in writing, and a copy thereof delivered to the land divider or his/he r representative at least three days prior to any hearing or action on the map by the Planning Commission.
(Ord. 18 § 2, 2008, RCC § 16.12.130)
§ 16.12.140. Consideration by Planning Commission.
A. Tract Maps and Commercial Parcel Maps. Within 50 days after the date of filing of a tentative tract map, a public hearing on the map shall be held before the Planning Commission or before the City Council as provided in Section 16.04.020(C). Notice of the time, date and place of the hearing, the identity of the hearing body, and a general description of the location of the proposed land division, shall be given at least 10 days prior to the hearing by all of the following procedures:
1. Publication once in a newspaper of general circulation in the City;
2. Mailing or delivery to the owner of the subject real property or the owner's duly authorized agent, and to project applicant;
3. Mailing or delivering to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;
4. Mailing or delivering to all owners of real property which is located within 300 feet of the exterior boundary of the subject property, as such owners are shown on the last equalized assessment roll and any update;
5. Mailing by first class mail to any person who has filed a written request with the Community Development Planning Department and has provided that department with a self-addressed stamped envelope for that purpose;
6. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given by mail to each tenant of the subject property, and, in addition to notice of the time and place of the public hearing, shall include notification to the tenant's right to appear and the right to be heard;
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7. If the number of owners to whom notice would be mailed or delivered pursuant to subsection (A)(4) of this section is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one - eighth page in at least one newspaper of general circulation in the City at least 10 days prior to the hearing;
8. The Community Development Planning Director may require that additional notice of the hearing be given in any other manner he or she deems necessary or desirable;
9. Any interested person may appear at the public hearing and shall be heard by the hearing body.
B. After closing the hearing, the Planning Commission shall approve, conditionally approve or disapprove the proposed tentative map. Notice of the decision shall be filed with the City Clerk and a copy thereof mailed to the land divider or his/her authorized agent and any interested party requesting a copy.
C. Parcel Maps. The following procedures shall apply to all applications for approval of residential parcel maps:
1. Applications. Permit applications shall be filed with the Community Development Planning Director in accordance with Section 16.12.070 and accompanied by the fees as set forth in Chapter 3.44.
2. Proposed Use. Not less than 10 days prior to the date on which the decision will be made on the application, the Community Development Planning Director shall give notice of the proposed use by mail or delivery to all owners, as shown on the last equalized assessment roll as owning real property within a 300-foot radius of the exterior boundary of the property in question and publication once in a newspaper of general circulation in the area affected by the proposed project. No public hearing on the application for a permit issued pursuant to this paragraph shall be required unless such a hearing is requested by the applicant or other affected person or the Community Development Planning Director determines that a public hearing is required in the best interest of the community's health, safety and welfare. The notice of proposed use shall include the following information:
a. A brief description of the project and its proposed location; b. The officer or body which will consider approval of the project and the address where comments or request for a public hearing should be sent; c. A statement that the decision -making officer or body will not act on the project for a period of 10 days and will consider written comments received during that period as to whether the determination of the Community Development Planning Director that the project will not have a significant effect on the environment is appropriate;
d. A statement that a copy of the completed negative declaration is available for inspection at the Planning D ivisionepartment .
3. Public Hearing. If a request for a public hearing is made, it shall be held within 21 days after the first request is made by the Community Development Planning Director's hearing body. Not less than 10 days prior to the date on which the hearing will be held, the Community DevelopmentPlanning Director shall give notice of the proposed hearing by mail or delivery to all owners, as shown on the last equalized 217
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of the exterior boundary of the property in question, and all others who received notice of the proposed use. The hearing body shall hear relevant testimony from interested persons.
4. Decision. The decision shall be made by the Community Development Planning Director within the time limitations of the Subdivision Map Act, shall be filed with the City Clerk and, if no public hearing was held, shall be mailed to the same owners who were given notice pursuant to subsection (C)(2) of this section.
D. The Planning Commission, upon the request of the land divider, may waive the requirement that a parcel map be recorded if the Planning Commission finds that the proposed land division complies with the requirements as to:
1. Area;
2. Improvement and design;
3. Floodwater drainage control;
4. Appropriate improved public roads;
5. Sanitary disposal facilities;
6. Water supply availability;
7. Environmental protection;
8. Adequate existing survey control;
9. Other provisions of this title and other applicable ordinances of the City and the Subdivision Map Act.
E. Notwithstanding the above, or any other provision herein to the contrary, any map that requires the approval of a General Plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of Title 17 and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing. (Ord. 18 § 2, 2008, RCC § 16.12.140)
§ 16.12.150. Consideration of tentative maps by advisory agencies.
A. Tentative Schedule "A," "B," "C," "D" and "E" Maps. Except as provided in Section
16.04.020(C), the action of the Planning Commission on a tentative Schedule "A," "B," "C," "D" and "E" map shall be final unless the final decision is appealed by the land divider or any interested party.
B. Tentative Schedule "F," "G," "H" and "I" Maps. The action of the Community DevelopmentPlanning Director on a tentative Schedule "F," "G," "H" and "I" map shall be final unless the final decision is appealed by the land divider or any interested party. (Ord. 18 § 2, 2008, RCC § 16.12.150)
§ 16.12.160. Appeal of Planning Commission actions—Procedure.
A. Except as provided in Section 16.04.020(C), the Planning Commission is authorized to directly approve, conditionally approve or disapprove tentative Schedule "A," "B," "C," 218
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"D" and "E" maps. If the land divider or any interested party believes that they may be adversely affected by the decision of the Planning Commission, the land divider or any interested party may appeal the decision to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after the decision of the Planning Commission. The appeal shall be filed in writing, stating the basis for appeal, and shall be accompanied by the fee set forth in Chapter 3.44. Upon the filing of the appeal, the Ci ty Clerk shall set the matter for public hearing on a date within 30 days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as was given for the original hearing. The Council shall render its decision on the appeal within 10 days of the closing of the hearing.
B. The Community Development Planning Director is authorized to directly approve, conditionally approve or disapprove tentative Schedule "F," "G," "H" and "I" maps. If the land divider or any interested party believes they may be adversely affected by the decision of the Community Development Planning Director, the matter may be appealed to the Planning Commission. The appeal shall be filed with the Community Development Planning Department within 10 days after the decision of the Planning Director. The appeal shall be filed in writing, stating the basis for the appeal and accompanied by the fee set forth in Chapter 3.44. All appeals shall be heard within 30 days after the filing of the appeal. Notice of the public hearing shall be given in the same manner as specified for a tract map. The Planning Commission shall render its decision on t he appeal within 10 days of the closing of the hearing. The land divider or any interested party may appeal the decision of the Planning Commission to the City Council. Any such appeal shall be filed with the City Clerk within 10 days after the decision of the Planning Commission. The appeal shall be filed in writing, stating the basis for appeal, and shall be accompanied by the fee set forth in Chapter 3.44. Upon the filing of the appeal, the City Clerk shall set the matter for public hearing on a date wit hin 30 days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as was given for the hearing before the Planning Commission. Upon conclusion of the hearing, the Council shall render its decision on the appeal within 10 days.
(Ord. 18 § 2, 2008, RCC § 16.12.160; Ord. 124 § 2, 2016)
§ 16.12.170. Extension of time for processing.
All time limits specified in this title for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the Planning Commission or the Council required to act, but in no event may the extensions exceed one year. (Ord. 18 § 2, 2008, RCC § 16.12.170)
§ 16.12.180. Failure to receive notice.
Failure to receive notice of a hearing shall not invalidate the action taken by the Planning Commission, appeal body or the Council.
(Ord. 18 § 2, 2008, RCC § 16.12.180)
§ 16.12.190. Denial of tentative land division maps.
A tentative map shall be denied if it does not meet all requirements of this title, or if any of the following findings are made:
A. That the proposed land division is not consistent with applicable general and specific plans; 219
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jointly managed total at least 10 acres in size in the case of prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land;
2. One of the parcels contains a residence and is subject to Section 428 of the Revenue and Taxation code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least 10 years; and the remaining parcels shown on the map are at least 10 acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land.
C. No other homesite parcels as described in subsection (B)(2) of this section may be created on any remaining parcels under contract for at least 10 years following the creation of a homesite parcel pursuant to this section.
D. This section shall not apply to land which is subject to a contract when any of the following has occurred:
1. The local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Sections 51243 and 51243.5 of the California Government Code;
2. Written notice of nonrenewal of the contract has been served prior to March 7, 1985, as provided in Section 51245 of the California Government Code;
3. Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in Section 51245 of the California Government Code, and, as a result of that notice, there are no more than three years remaining in the term of the contract;
4. The City Council has granted tentative approval for cancellation of the contract as provided in Section 51282 of the California Government Code.
E. This section shall not be construed as limiting the power of the City Council to establish minimum parcel sizes larger than those specified in subsection A of this section. (Ord. 18 § 2, 2008, RCC § 16.12.200)
§ 16.12.210. Revised tentative maps.
A. Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this title in effect at the time the revised map is approved.
B. Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map except those procedures that are not applicable. The approval or conditional approval of a revised tentative map shall annul approv al of the previous tentative map, but the approval thereof shall not extend the time within which the final map may be filed.
(Ord. 18 § 2, 2008, RCC § 16.12.210)
§ 16.12.220. Minor changes.
A. A request for approval of a minor change to an approved tentative map shall be filed with the Planning D ivisionepartment , accompanied by the fee specified in Chapter 3.44.
B. The Community Development Planning Director shall make a written recommendation thereon to the Planning
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Commission, or to the City Council as provided in Section 16.04.020(C), and shall notice a public hearing in accordance with Section 16.12.140 unless the underlying map did not previously require such a hearing.
C. The Planning Commission or the City Council may decide the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the land divider.
D. The decision of the Planning Commission shall be final, unless the decision is appealed to the City Council or the City Council calls the decision for review. An appeal shall be filed and heard as described in Section 16.12.160. A call for review shall be conducted as provided in Section 2.04.050 of this Code.
E. The approval by the Planning Commission or the City Council of a minor change shall not affect the time period within which the land divider must prepare and file the final map. (Ord. 18 § 2, 2008, RCC § 16.12.220; Ord. 124 § 3, 2016)
§ 16.12.230. Division into units.
A. If a land divider proposes to file a final map or parcel map on only a portion of the land shown on an approved tentative map, the land divider shall file an application with the Community Development Planning Director. The land divider shall note on the application whether the division into units is to be approved by the Public Works Director of Transportation or the Planning Commission.
1. If the land divider indicates that the division into units is to be approved by the Planning Commission, then the application shall be processed in accordance with subsections B through G of this section and Section 16.12.220 and shall be accompanied by th e fee set forth in Chapter 3.44 for minor changes (subdivision).
2. If the land divider indicates that the division into units is to be approved by the Public Works Director of Transportation , then the application shall be accompanied by the fee set forth in Chapter 3.44 for land division unit map filings and the application shall be processed in accordance with subsections B through G of this section.
B. The Community Development Planning Director after reviewing the application shall refer it to the Public Works Director of Transportation for review.
C. No unit map shall be approved unless it is complete and in compliance with all of the provisions of this chapter, including fire protection, flood control, traffic circulation, access/secondary access and environmental considerations, and with all conditio ns of approval of the tentative map, including provisions and agreements for development of parks, schools, and other facilities, and specifically approved by the Public Works Director of Transportation or the Planning Commission, whichever is appropriate, based on the application filed by the land divider.
D. The unit will be identified by the approved tentative map number with a dash number designating said unit. The unit number shall be obtained from the County Surveyor upon payment of the fee specified in County Ordinances Chapter 3.44. Units are not required to record in order as indicated by the unit number. However, the land divider shall specify in the application or designate a set of units which may be approved in advance by the Community Development Planning Director for recordation in any order or sequence. The last unit within a tentative map to be recorded will not bear a unit number. 221
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E. Any number of unit numbers may be issued; however, the City Engineer County Surveyor can limit the number accepted concurrently for final map review.
F. If, after approval of an application for division into units, the land divider proposes to further divide the tentative map into units, or amend the boundaries of the approved units, or change the previously approved order of recordation of units, the land divider shall first file an application for such, and it shall be processed in accordance with subsections A through E of this section.
G. No phased map shall be approved under this section unless the Transportation Public Works Department has determined that any delay in property development allowed by phasing shall not:
1. Delay the construction of any critically needed facility which is conditioned to be constructed with the delayed phase(s);
2. Result in the increase in Mello -Roos assessments, or similar property improvement assessments, to any existing end user of property within an improved district of which the phased areas to be delayed is a party;
3. Cause a critical reserve fund deficiency, or where a critical deficiency already exists, increase said deficiency, in any Mello -Roos district, or similar property district, of which the phased areas to be delayed is a party; or
4. Cause increased expenses or assessments to existing end property uses or any property owners association, maintenance district or similar property maintenance facility of which the phased areas to be delayed is a part.
(Ord. 18 § 2, 2008, RCC § 16.12.230)
§ 16.12.240. Expiration of approved tentative maps and vesting tentative maps— Extension of time.
A. Tentative Tract Maps. All schedule "A," "B," "C," and "D" approved or conditionally approved tentative tract maps shall expire 36 months after approval by the appropriate hearing body, unless the final tract map has been approved by the City Council and recorded with the Riverside County Recorder's office. The land divider may request an extension of time provided an application and fee (as set forth in Chapter 3.44 of this Code) is submitted to the Community DevelopmentPlanning Director prior to the expiration date of the tentative tract map. The following procedures apply to all extension of time requests for tentative tract maps:
1. The Planning Commission shall review the first request for an extension of time and at their discretion may extend the time to record the final tract map for a period up to three years.
2. The Planning Commission shall review the second request for an extension of time and at their discretion may extend the time to record the final tract map for an additional two -year period.
3. The Planning Commission shall review the third request for an extension of time and at their discretion may extend the time to record the final tract map for a final one - year period.
4. If the final tract map has not been approved by the City Council and recorded with the Riverside County Recorder's office within the nine-year time frame identified 222
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above, the tentative tract map shall expire and become null and void.
5. The decision of the Planning Commission on each extension of time request shall be final, unless the decision is appealed to the City Council, or the City Council calls for review of the Commission's decision. Any appeal shall be filed and heard by the City Council in accordance with Section 16.12.160 of this chapter. A call for review by the City Council shall be conducted in accordance with the provisions of Section
2.04.050 of this Code.
B. Tentative Parcel Maps. All schedule "E," "F," "G," "H" and "I" approved or conditionally approved tentative parcel maps shall expire 36 months after approval by the appropriate hearing body, unless the final parcel map has been approved by the City Council and recorded with the Riverside County Recorder's office. The land divider may request an extension of time provided an application and fee (as set forth in Chapter 3.44 of this Code) is submitted to the Community DevelopmentPlanning Director prior to the expiration date.
The following procedures apply to all extension of time requests for tentative parcel maps:
1. The Planning Commission shall review the first request for an extension of time and at their discretion may extend the time to record the final parcel map for a period up to three years.
2. The Planning Commission shall review the second request for an extension of time and at their discretion may extend the time to record the final parcel map for an additional two -year period.
3. The Planning Commission shall review the third request for an extension of time and at their discretion may extend the time to record the final parcel map for a final one - year period.
4. If the final parcel map has not been approved by the City Council and recorded with the Riverside County Recorder's office within the nine -year time frame identified above, the tentative tract map shall expire and become null and void.
5. The decision of the Planning Commission on each extension of time request shall be final, unless the decision is appealed to the City Council, or the City Council calls for review of the Commission's decision. Any appeal shall be filed and heard by the City Council in accordance with Section 16.12.160 of this chapter. A call for review by the City Council shall be conducted in accordance with the provisions of Section
2.04.050 of this Code.
C. An extension of time shall not be granted unless the land division conforms to the Comprehensive General Plan, is consistent with existing zoning, and does not adversely affect the general health, safety and welfare of the public.
D. Vesting Tentative Maps. A vesting tentative map shall be subject to the same expiration and extension of time provisions as a tentative map; provided, however, that on recordation of a final map, the rights conferred on a vesting tentative map shall last for one year. Whenever several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one -year initial time period shall begin for each phase when the final map for that phase is recorded. The one -year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit if the time used to process the application exceeds 30 days from the date 223
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that a complete application is filed. Prior to the expiration of the initial time period, the subdivider may apply in writing to the Planning Commission for a one -year extension, accompanied by the fee set forth in Chapter 3.44. If the extension is denied, an appeal may be filed with the City Councilor the City Council may call the decision for review. An appeal shall be filed and heard as described in Section 16.12.160. A call for review shall be conducted as provided in Section 2.04.050 of this Code. When the subdiv ider submits a complete application for a building permit during the period of time specified in this section, the vested rights shall continue until the building permit, or any extension thereto, expires.
E. If the subdivider is required to expend $125,000.00 or more to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the land division, excluding improvements of public rights -of-way which a but the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section
16.12.230(A)(1) shall extend the expiration of the approved or conditionally approved land division map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the land division more than ten years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the Planning Commission at either the time of the approval or conditional approval of the land division or pursuant to Section 16.12.230(A)(1).
The amount of $125,000.00 shall be increased by the Registrar of Contractors according to the adjustment for inflation set forth in the statewide cost index for Class B construction, as determined by the State Allocation Board at its January meeting. The adjustment by the Registrar of Contractors shall be effective on the first day of the month occurring more than 30 calendar days after the Registrar of Contractors made that adjustment. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
F. Extensions of Time for Maps Affected by Moratoriums and Lawsuits. The period of time specified in subsections A and B of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided however, that the length of the moratorium does not exceed five years.
Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. A development moratorium shall include a water/se wer moratorium as well as other actions of public agencies which regulate land use, development, or the provisions of services to the land, other than the City which thereafter prevents, prohibits or delays the approval of a final or a parcel map.
G. The period of time specified in subsections A and B of this section shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction if the stay of the time period is approved by the Planning Commission pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the City, the su bdivider may apply to the Community Development Planning Department for a stay pursuant to this section.
Applications for a stay shall be made to the Community Development Planning Director on the forms provided
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by the Community Development Planning Department and shall be accompanied by the filing fee set forth in Chapter 3.44 and shall include such information and documents as may be required by the Community Development Planning Director. The Community Development Planning Director shall forward to the Planning Commission a recommendation for approval or denial of the request for a stay. The Planning Commission shall act on the requested stay within 40 days after the application is received by the Community Development Planning Director. The decision of the Planning Commission shall be forwarded to the City Clerk. The decision of the Planning Commission shall be final unless the decision is appealed to the City Council or the City Council calls the decision for review. An appeal shall be filed and heard as described in Section 16.12.160.
A call for review shall be conducted as provided in Section 2.04.050 of this Code. (Ord. 18 § 2, 2008, RCC § 16.12.240; Ord. 124 § 4, 2016; Ord. 146 §§ 2, 3, 2018) 225
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CHAPTER 16.16
FINAL MAPS AND PARCEL MAPS
§ 16.16.010. Generally.
After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map or parcel map thereof prepared in accordance with the current Surveyor's office map preparation manual and the approved or conditionally approved tentative map.
(Ord. 18 § 2, 2008, RCC § 16.16.010)
§ 16.16.020. Subdivision boundary requirements.
A. Surveys made in preparation of final maps or parcel maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.
B. The entire boundary of a land division must appear on the first map sheet of a final map or parcel map showing:
1. A boundary survey of the land division, including all courses and distances necessary to compute a closure;
2. Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record;
3. Phased units in relation to the boundary.
C. The City Engineer County Surveyor may waive the boundary plat if sufficient survey information is of record.
D. Whenever the City EngineerCounty Surveyor has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map or parcel map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, rel ating to the monuments. If the points were reset by ties, that fact shall be stated. The final map or parcel map shall show City and County boundaries adjoining the division of land.
(Ord. 18 § 2, 2008, RCC § 16.16.020)
§ 16.16.030. Preliminary filing of final map.
A. When the subdivider files his or her final map for preliminary checking in the office of the City Engineer County Surveyor , five positive prints they shall be distributed as follows:
1. Two to the County SurveyorCity Engineer ;
2. One to the Planning Divisionirector;
3. One to the health officer;
3. One to tThe appropriate flood control agency.
4. Any other applicable agency as determined by the City Engineer.
B. The final map shall be accompanied by the map checking fee as set forth in Chapter 3.44. 226
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C. Required improvement plans shall be submitted to the Public Works Transportation Department and accompanied with the plan checking fee as set forth in Chapter 3.44.
D. Prior to the recordation of the final map, the following items shall be provided and approved:
1. A copy of the approved conditions, covenants and restrictions (CC&Rs) that are to be recorded with the final map;
2. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of this title;
3. All requests for waivers of signatures as provided in the Subdivision Map Act;
4. Letters from utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the public utility purveyors as to location of their facilities and construction thereof.
(Ord. 18 § 2, 2008, RCC § 16.16.030)
§ 16.16.040. Preliminary filing of parcel map.
After a tentative parcel map is approved, the land divider may cause a parcel map to be prepared and submitted to the City EngineerCounty Surveyor . The land divider shall submit the following:
A. The parcel map with map checking fee as required in Chapter 3.44.
B. Required improvement plans with plan checking fee as required in Chapter 3.44.
C. Evidence of title in the form of a current preliminary title report issued by a California title company showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests herein. In the event that any dedication is to be made for public use of any property shown on a parcel map, a subdivision guarantee shall be issued by a California title company.
D. Prior to the recordation of the parcel map, the following items shall be provided and approved:
1. A copy of the approved conditions, covenants and restriction (CC&Rs) that are to be recorded with the final map;
2. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a parcel map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title; 227
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3. All requests for waivers of signatures as provided in the Subdivision Map Act.
E. The Recorder shall have not more than 10 days within which to examine the final map or parcel map and either accept or reject it for filing.
F. If the Recorder accepts the final map or parcel map for filing, such acceptance shall be certified on the face thereof.
G. The Recorder, upon filing the final map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the City EngineerCounty Surveyor who shall retain custody thereof. (Ord. 18 § 2, 2008, RCC § 16.16.040)
§ 16.16.050. Data required—Final land division maps.
A. Final maps and parcel maps shall conform to all of the following provisions:
1. Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the City Engineer County Surveyor and authorized by the County Recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.
2. Each sheet shall bear the number as assigned by the County Surveyor which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. Reference shall be spelled out and worded identical ly with original records, with complete reference to proper book and page of record and shall be shown on every sheet of a multisheet map.
3. All sheets shall be numbered, the relation on one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data.
4. When required by the City Engineer County Surveyor , a location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways.
5. The certificates and acknowledgments, required by the Subdivision Map Act and this title, shall appear on the first sheet only. Statements shall include the following:
a. Owners' statement;
b. Trustee's statement;
c. Recorder's statement;
d. Surveyor's/engineer's statement;
e. City Engineer County Surveyor's statement;
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f. Public Works Director of Transportation 's statement; g. City Clerk's statement;
h. City Council's statement;
i. Tax collector's statement;
j. Signature omissions (relating to oil, gas or mineral rights) notice of election by land divider to defer payment of drainage fees if needed, the second map sheet may be used for notary acknowledgments. In no case shall the certificates noted above be placed on the second sheet of a multisheet map.
6. The Recorder's certificate shall be placed in the upper right-hand corner of the map.
7. The surveyor's or engineer's certificate shall state that the survey was made by him or her or under his or her direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with.
8. The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of unitized subdivisio n.
The boundary shall also reflect the original boundary as shown on the tentative map of the subdivision.
9. A land division name shall not be shown on the map.
10. The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated.
11. A statement labeled "Surveyor's Notes" or "Engineer's Notes" shall be shown on the first map sheet after the signature sheet of a multisheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to Riverside County Ordinance 461approved standards; and a key to the symbols and abbreviations and such other information required by the C ity Engineer ounty Surveyor .
12. Lots shall be numbered consecutively, commencing with the number "1," with no omissions or duplications. Each lot shall be shown in its entirety on one sheet; unless, due to size and/or shape, and after using an acceptable scale, the City EngineerCounty Surveyor determines the parcel(s) or lot(s) cannot reasonably be shown on a single sheet. Lots used for streets, alleys or barrier strips shall be lettered. Easements shall be clearly identified.
13. Where a part-width street is shown on a map, the centerline of the improvements shall be monumented and shown correctly, as related to the full future width of the street.
B. The following data shall be shown on each final map and parcel map:
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1. Dates of survey and the name and registration number of the person authorized to practice land surveying by the State of California and who is responsible for the preparation of the map;
2. Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the locations of alleys. Proposed public area and easements shall also be identified;
3. Gross area of land division, and the net acreage, computed to the nearest 0.01 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;
4. Centerline of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the w idth of existing dedications; and the widths of right -of-way of railroads, flood control or drainage channels and other easements appearing on the map;
5. Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the City Engineer County Surveyor ;
6. Sufficient primary survey control points;
7. Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map;
8. Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owner's certificate of dedication.
Easements shall be shown on the map by broken lines;
9. Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers; untagged monuments accep ted as control shall be tagged or replaced by the surveyor or engineer making the survey;
10. No setback lines shall appear on the final map;
11. New street names shown on a land division map must be approved by the City EngineerCounty Surveyor;
12. When an environmental constraint sheet is required a note shall be placed below the surveyor's notes on the final map in one -fourth inch high bold block letters, stating:
"Environmental Constraint Note: Environmental constraint sheet affecting this map is on file in the Office of the Wildomar City Engineer Riverside County Surve yor in E.C.S. Book Page . This affects lot Nos.
or Parcel No. ."
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13. The basis of bearings and the basis of coordinates shall be based on the California State Plane Coordinate System, Zone 6, and shall be shown on the map in accordance with the current Surveyor's map preparation manual. Exemptions shall be at the discretion of the City Engineer County Surveyor .
(Ord. 18 § 2, 2008, RCC § 16.16.050)
§ 16.16.060. Parcel maps compiled from recorded data.
A parcel map of four or less parcels may be compiled from recorded or filed data, if such data is acceptable to the City Engineer County Surveyor .
(Ord. 18 § 2, 2008, RCC § 16.16.060)
§ 16.16.070. Filing of final land division maps.
A. After the preliminary final map or parcel map is determined to be correct, the City EngineerCounty Surveyor shall notify the land divider to prepare and submit the original and duplicate original of the final map or parcel map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map or parcel map. If the final map or parcel map or documents are not determined complete by the City Engineer County Surveyor , they shall be returned to the land divider for corrections.
B. The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirement of the City Engineer County Surveyor.
(Ord. 18 § 2, 2008, RCC § 16.16.070)
§ 16.16.080. Action by City EngineerCounty Surveyor.
A. When a Schedule "A," "B," "C," "D" or "E" final map or parcel map and all agreements, securities and other required documents have been submitted and found to be in correct form, the City EngineerCounty Surveyor shall, within 20 days thereafter, file the final map or parcel map and documents with the City Clerk and certify that:
1. He or she has examined the map;
2. The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof;
3. All provisions of the Subdivision Map Act and all City ordinances applicable at the time of approval of the tentative map have been complied with;
4. He or she is satisfied that the map is technically correct; and
5. In the certificate, the City EngineerCounty Surveyor shall state the date of approval of the tentative map and the date of expiration.
B. When a Schedule "F," "G," "H" or "I" final parcel map and all agreements, securities and other required documents have been submitted and found to be in correct form, the City EngineerCounty Surveyor shall, within 20 days thereafter, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map; provided, however, that the final map shall not be
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disapproved due to technical or inadvertent errors which in the opinion of the City EngineerCounty Surveyor do not materially affect the validity of the map. When the map is approved, the City EngineerCounty Surveyor may accept or reject dedications and offers of dedication that are made by certificate on such map, and may sign the certificate for the City. The City Engineer County Surveyor shall file the approved map and documents with the City Clerk for transmittal by the Clerk of the County Recorder. (Ord. 18 § 2, 2008, RCC § 16.16.080)
§ 16.16.090. Action by City Council.
The City Council, upon filing with it of a Schedule "A," "B," "C," "D" or "E" final map or parcel map, shall at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or it does not so conform, disapprove the map; provided, however, that the map shall not be disapproved due to technical or inadvertent errors which in the opinion of the City Engineer County Surveyor do not materially affect the validity of the map.
(Ord. 18 § 2, 2008, RCC § 16.16.090)
§ 16.16.100. Surveys and monuments.
A. At the time of making the survey for a final map or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Section 8771 of the Business and Professions Code and also comply with the requirements of Riverside County Ordinance 461 and with the requirements of the C ity Engineer ounty Surveyor.
B. All monuments for final maps and parcel maps shall be set prior to the recordation of the map. The land divider may execute a secured agreement or cash bond guaranteeing the setting of the monuments upon approval by the City Engineer County Surveyor . (Ord. 18 § 2, 2008, RCC § 16.16.100)
§ 16.16.110. Delivery of map to Recorder.
A. Upon approval by the City Council, or upon approval by the City EngineerCounty Surveyor if he or she is so authorized, the City Clerk shall certify that all required certificates, security and deposits have been filed and shall transmit the final map or parcel map to the Recorder.
B. The land developer shall present to the Recorder evidence that, at the time of the filing of a final map or parcel map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the Recorder; otherwise, the ma p shall not be filed.
C. The Recorder shall have not more than 10 days within which to examine the final map or parcel map and either accept or reject it for filing.
D. If the Recorder accepts the final map or parcel map for filing, such acceptance shall be certified on the face thereof.
E. The Recorder, upon filing the final map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the City EngineerCounty Surveyor who shall retain custody thereof.
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(Ord. 18 § 2, 2008, RCC § 16.16.110)
§ 16.16.120. Waived maps.
A. Waiver of a parcel map means that enough information is available and that the necessary conditions of the tentative parcel map have been met, therefore, a parcel map is not required.
B. The Community Development Planning Director may waive a parcel map according to the provisions set forth in Section 16.12.140(D).
C. When a parcel map has been waived, the Community Development Planning Director shall distribute copies of the certificate of compliance and waiver of the parcel map to the Department of Building and Safety Division and file a certificate of compliance with the Recorder's office upon payment of the fee set forth in Chapter 3.44 or established by the County .
(Ord. 18 § 2, 2008, RCC § 16.16.120)
§ 16.16.130. Waived maps—Mobilehome park.
A. When at least two-thirds of the owners of mobilehomes who are tenants in the mobilehome park have signed a petition indicating their intent to purchase the mobilehome park for purposes of converting it to tenant -owned, condominium ownership interest and a field survey has been performed, they may file with the Community Development Planning Director an application for waiver of a parcel map or a tentative and final map.
B. The petition signed by the owners of mobilehomes in a mobilehome park proposed for conversion to a tenant -owned, condominium ownership shall read as prescribed by Government Code 66428(b).
C. The application for map waiver shall be on the form prescribed by the Community Development Planning Director, shall be accompanied by the field survey, certified copies of all petitions signed in accordance with subsection B of this section and the combined fee required for residential parcel map (with waiver of final map) and certificate of land division compliance with waiver of final parcel map.
D. Waiver of a parcel map may not occur if any one of the following exists:
1. There are significant design or improvement requirements necessitated by health or safety concerns;
2. Subsequent to recordation of the existing parcel or final map, there is an exterior boundary discrepancy that requires recordation of a new parcel or tentative and final map;
3. The existing lot or lots were not created by a recorded parcel or final map;
4. The conversion would result in the creation of additional parcels.
E. After the waiver application is deemed complete, the Community Development Planning Director shall approve or deny the application within 50 days. The applicant shall have the right to appeal that decision to the Planning Commission and City Council. (Ord. 18 § 2, 2008, RCC § 16.16.130)
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§ 16.16.140. Certificate of correction.
After a final map or parcel map is filed in the office of the County Recorder, the recorded map may be modified by a certificate of correction.
A. Application. The land divider may apply for a certificate of correction upon finding that one or more of the following conditions apply:
1. To correct an error in any course or distance shown thereon;
2. To show any course or distance that was omitted therefrom;
3. To correct an error in the description of the real property shown on the map;
4. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
5. To show the proper location or character of any monument which has been changed in location or character and originally was shown at the wrong location or incorrectly as to its character; or
6. To correct any other type of map error or omission as approved by the City EngineerCounty Surveyor which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.
B. The application for a certificate of correction shall be made to the City Engineer County Surveyor upon payment of fees set forth in Chapter 3.44 and on the forms provided by the CityDirector of Transportation and shall include such information as required by the City EngineerCounty Surveyor in addition to the following: The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall show in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.
C. Recordation of Certificate of Correction. Once the certificate of correction has been certified by the City Engineer Director of Transportation and the County Surveyor , the certificate of correction shall be filed in the office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract or parcel map designation shown on the amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.
(Ord. 18 § 2, 2008, RCC § 16.16.140)
§ 16.16.150. Amendment of final maps or parcel maps.
A. In addition to the amendments authorized by Section 16.16.140, after a final map or parcel map is filed in the office of the County Recorder, the recorded map may be modified by an amendment of the map.
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B. Application. The land divider may apply for an amendment of map on the forms provided by the Planning D ivisionepartment upon payment of fees as set forth in Chapter 3.44 and shall include such information as required by the Community Development Planning Director.
C. No amended map shall be approved unless it complies with the following standards:
1. There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary;
2. The modifications do not impose any additional burden on the present fee owner of the property;
3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map;
4. The City Engineer County Surveyor finds that the map as modified conforms to the provision of Section 16.12.190.
D. Notice of Hearing. The Community Development Planning Director shall set the matter for public hearing in accordance with Section 16.12.140. The hearing shall be confined to consideration of and action on the proposed modification.
E. Recordation of Amendment of Map. When the changes to a final map or parcel map are in conformance with the standards, the Community Development Planning Director shall certify to this fact on the amended map.
(Ord. 18 § 2, 2008, RCC § 16.16.150)
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CHAPTER 16.20
DEDICATIONS
§ 16.20.010. Dedications generally.
A. All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final map or parcel map. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map.
Necessary right -of-way outside of the subdivision boundary must be processed by separate instruments.
B. Whenever a secondary highway or higher classification is designated on the circulation element of the Comprehensive General Plan of the City of Wildomar as requiring an ultimate right -of-way of 88 feet or greater and such highway either adjoins or crosses a proposed land division, access rights may be offered for dedication to the City or otherwise restricted. The note "Access Restricted" shall be shown along the highway frontages on the final map or parcel map, as provided herein. Access rights shall be restricted except for limited access openings as approved by the Public Works Director of Transportation .
However, access control to commercially zoned property may be postponed to the development stage as approved by the Public Works Director of Transportation .
C. Whenever a subdivider is required to dedicate roadways to the public, he or she may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if t he subdivision, as shown on the final map or parcel map thereof, contains 200 or more parcels.
D. The subdivider shall offer a dedication or an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subd ivision if: (1) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the adopted General Plan or contains 100 acres or more; and (2) the governing body finds that transit services are or will within a reasonable time period be made available to such subdivision.
E. The provisions of this section do not apply to condominium projects. (Ord. 18 § 2, 2008, RCC § 16.20.010)
§ 16.20.020. Park and recreation fees and dedications.
A. Authority. This section is adopted pursuant to Section 66477 of the Government Code, which authorizes the legislative body of a city to require, by ordinance, the dedication of land or the payment of fees in lieu thereof, or a combination of both, for park and recreational facilities as a condition of approval of a tentative map or parcel map.
B. Dedication or Fee Required. Whenever land is proposed to be subdivided for residential use, the property owner shall be required, as a condition of approval of the subdivision, to dedicate to the City for park purposes three acres of land for every 1,000 r esidents of the subdivision, or pay an equivalent fee, or a combination of both, consistent with this section.
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required; provided, however, that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, the dedication of land may be required even though the number of parcels may be less than 50.
2. Nothing in this section shall prevent the City from accepting the voluntary dedication of land by a developer for a subdivision containing less than 50 parcels if the dedication meets the other requirements of this section.
C. Exemptions. This section shall not apply to the following land divisions:
1. Commercial or industrial.
2. Condominium projects or stock cooperatives which consist of the subdivision airspace in an existing apartment building which is more than five years old and no new dwelling units area added.
3. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years of the approval of the final map, the owner of each parcel on which construction of a residential structure is proposed must pay a fee in lieu of park land dedication as a condition to the issuance of a building permit.
D. Dedications of Land. Whenever land is dedicated pursuant to this section the following provisions apply.
1. The amount and location of property to be dedicated shall be as approved by the City.
In determining whether to require a dedication of land, the City may consider the natural features of the area, available access, the location, size and shape of the subdivision, the land available for dedication, the feasibility of dedication, the l ocation of existing and proposed park sites and trailways and the compatibility of dedication with the City's General Plan.
2. All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the City free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the City agrees to accept. All deeds shall be delivered to the City before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the developer, the deeds shall be returned to the developer. If the final map is approved, the deeds shall be recorded by the City at the time the final map is recorded. No deed for dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by the developer, in an amount equal to the value of the land dedicated.
3. The amount of land to be dedicated shall be based on the residential density of the subdivision, and shall be determined by multiplying the number of dwelling units in the subdivision by the average number of persons per household by type of dwelling unit by 0.003. The average number of persons per household by dwelling unit type shall be the same as that disclosed by the most recent available federal census.
4. Whenever the actual amount of land to be dedicated is less than the amount of land 237
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required to be dedicated as calculated under subsection (D)(3) of this section, the developer shall pay fees for the value of any additional land that otherwise would have been required to be dedicated.
5. Whenever a park or recreational facility is to be located in whole or in part within the proposed subdivision, the land dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.
6. Whenever land is dedicated, the developer shall, without credit, provide the following for the benefit of the land dedicated:
a. Full street improvements and utility connections including, but not limited to, curbs, gutters, relocation of existing public utility facilities, street paving, traffic control devices, street trees, and sidewalks to the dedicated land; b. Fencing along the property lines of the subdivision which are contiguous to the park;
c. Improve the drainage through the park site;
d. Provide minimal physical improvements, not including recreational facilities, building, or equipment, which the City determines are necessary for acceptance of the land for park and recreational purposes, including, but not limited to, grading, drainage, irrigation and planting improvements; e. Provide access from the park and recreational facilities to an existing or proposed public street, unless the City determines that such access is unnecessary for maintenance of the park area or use of the park by the residents of the subdivision.
E. Payment of Fees. Whenever fees are imposed pursuant to this section, the following provisions apply.
1. The fee shall be paid prior to the time stated in the conditions of approval for the subdivision. No Certificate of Occupancy shall be issued by the City for a dwelling unit within subdivision conditioned to pay fees pursuant to this section unless and until the fee for that dwelling unit has been paid.
2. The fee shall be based on the fair market value of the land which would otherwise be required to be dedicated, as determined by the City Council. The City Council may, by resolution, determine a fixed fair market value that will apply to all fee calculations pursuant to this section. The fee shall be calculated by multiplying the product of the calculation stated in subsection (D)(3) by the fair market value of one acre of land.
3. Whenever fees are paid pursuant to this section, the City shall deposit them into a separate fund.
F. Credits. A developer may receive a credit against dedication or fee requirements as follows.
1. A credit may be given against the requirement for the payment of fees or the dedication of land required by this section for the reasonable value of park and recreation improvements provided by the developer. The amount of the credit shall be determined prior to the approval or conditional approval of the tentative map. The 238
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granting of a credit shall be at the discretion of the City Council and shall be based on an approved set of improvement plans.
2. A credit may be given where private areas for park and recreational purposes are provided in a subdivision and such areas are for active recreational uses, and will be privately owned and maintained in common by the future owner(s) of the development. Such areas may be credited against up to 50% of the requirement of land dedication or fees at the discretion of the City Council; provided that the City Council determines that it is in the public interest to grant such credits and that all of the following standards either have been or will be met prior to approval of the final map or development permit:
a. That yards, court areas, setbacks, and other open space areas, required to be maintained by Title 17 of this Code, the building code and other regulations, shall not be included in the computation of such private areas; b. Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and that the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument; and c. That the proposed private area is reasonably adaptable for use of park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location.
3. "Active recreational uses" means, for the purposes of this subsection F, recreation facilities occurring on usable level land (five percent maximum slope) in a planned development which are designed to provide individual or group activities of an active nature including, but not limited to, open lawn, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, steep slopes, or scenic overlooks.
G. Use of Land and Fees.
1. The City shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities.
2. All fees collected by the City may be used only for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the subdivision.
Notwithstanding the foregoing, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision is located, if all of the following requirements are met:
a. The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population. b. The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population ratio that meets or exceeds three acres per 1,000 persons.
c. The legislative body holds a public hearing before using the fees pursuant to this 239
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paragraph.
d. The legislative body makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.
e. The fees are used within a specified radius that complies with the City's or County's ordinance adopted pursuant to subsection (G)(2)(a), and are consistent with the adopted General Plan or specific plan of the City or County . For purposes of this clause, "specified radius" includes a planning area, zone of influence, or other geographic region designated by the City or County , that otherwise meets the requirements of this section.
3. All fees collected pursuant to this section shall be committed by the City for a specific project within five years of receipt of the fees or five years after the issuance of building permits on one -half of the lots created by the subdivision, whichever occurs later. If the fees are not so committed, the fees received shall be distributed to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots in the subdivision.
H. Subsequent Subdivisions. Whenever subsequent development occurs on property for which fees have been paid or land dedicated, no additional fees or dedications shall be required except as to any additional lots or dwelling units which were not subject to a prior fee or dedication requirement.
(Ord. 18 § 2, 2008, RCC § 16.20.020; Ord. 93 § 2, 2014) 240
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CHAPTER 16.24
IMPROVEMENTS
§ 16.24.010. Land division improvements generally.
A. Improvements installed in land divisions shall be constructed in conformance with the provisions established by the City Engineer of Riverside County Ordinance 461 .
B. In the absence of a standard for an improvement, the Public Works Director of Transportation or flood control engineer, as appropriate, may establish a standard in keeping with good construction and engineering practices.
C. When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross -gutters shall be installed.
D. Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.
E. The street pattern in the land development shall not land lock adjacent property or preclude access to public land.
F. When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.
G. Asphalt-concrete dikes shall be placed when fill slopes are 4:1 or steeper, or street gradients exceed three percent.
H. Concrete curb and gutter shall be placed in lieu of asphalt concrete dike when street gradient is less than 0.50 percent or when street drainage exceeds a velocity of 10 feet per second.
I. When an existing underground utility or pipeline crosses a proposed land division or an access to a land division, the land divider shall adequately protect the utility or pipeline as directed by the utility owner as part of the conditional approval of the land division.
J. Projects which are located in high fire hazard areas as shown on the Comprehensive General Plan hazardous fire area map shall require special fire mitigation measures. These fire mitigation measures include the following:
1. Roofs, eaves and siding must be constructed with Class B fire resistant roofing materials;
2. A buffer of fire retardant landscaping for appropriate distances from structures;
3. Water facilities improvements such as storage tanks as required by the Fire Chief. (Ord. 18 § 2, 2008, RCC § 16.24.010)
§ 16.24.020. Improvement plans required.
A. All improvements constructed or installed in public or private dedications shall be in accordance with detailed plans and specifications as approved by the Public Works Director of Transportation prior to commencement of the improvement work.
B. Plans for water and sewer improvements shall be signed by a registered civil engineer, the 241
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water and sewer purveyors and the health officer. Each system shall comply with all applicable state and City regulations. The Fire Chief shall also sign the water plans when conditions include fire protection.
C. Contractors shall secure an encroachment permit for all work done within the City right -of- way and the Riverside County Flood Control and Water Conservation District right -of-way prior to commencing the work.
D. Improvements proposed or required on state highway rights-of-way shall require CalTrans approval.
E. The subdivider may submit a written request and justification to the Public Works Director of Transportation to accept an estimate of the construction costs for the required public improvements as a basis for the bonding amounts for the improvement agreement as specified in Chapter 16.56. If the request is approved by the Public Works Director of Transportation , the bond estimate shall be based upon a written report prepared by the subdivider's engineer, signed and stamped by a registered civil engineer, detailing the itemized construction quantities. The quantities shall be taken from the subdivider's engineer's improvement plans, which while not required to be signed by the Public Works Director of Transportation , must be acceptable to him or her as to final design concept and quantities. The design engineer shall utilize current unit costs for bonding purposes as issued annually by the Public WorksTransportation Department. When improvement plans are not approved and signed by the Public Works Director of Transportation prior to map approval and recordation, an additional contingency amount of 20% shall be included in the security amount.
F. Securities submitted by a subdivider shall not be reduced to reflect signed plans. Any partial releases of security shall only reflect the percentage of construction work completed. The bond amounts held for improvement design may only be released in conjunction with the first partial bond release for construction.
(Ord. 18 § 2, 2008, RCC § 16.24.020)
§ 16.24.030. Improvement for subdivisions.
The minimum improvements which a land divider shall install, or enter into an agreement to install, for subdivisions shall be as hereinafter set forth in Schedule "A," "B," "C" and "D." (Ord. 18 § 2, 2008, RCC § 16.24.030)
§ 16.24.040. Schedule "A" subdivision.
Any division of land into five or more parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a Schedule "A" subdivision.
A. Streets. The minimum improvements for public streets are established as follows:
1. Arterial highways: 86 feet in width, designed and constructed in conformance with Riverside County Ordinance 461, Standard No. 100 City stan dards.
2. Arterial (urban) highways: 110 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (A).
3. Arterial (mountain) highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section
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A. A maximum width of 40 feet in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64-foot four -lane highway. A minimum width of 52 feet in conformance with City standardsRiverside County Ordinance 461, Standard No. 100 (B), Section B may be required in steep terrain to provide for a passing lane.
4. Major highways: 76 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 101 .
5. Secondary highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 102 .
6. Collector streets: 44 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 103, Section A .
7. General local streets: 40 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 104, Section A .
8. Short local or circulatory interior streets: 36 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 105, Section A .
9. Restricted local or noncirculatory interior streets: 32 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 106, Section A; provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width, designed in conformance with City standardsRiverside County Ordinance 461, Standard No. 112, Local Mountain Residential Street .
10. Access road: 32 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 106, Section B .
11. Frontage roads: designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 107, Section A, 108 or 109 .
12. Cul-de-sac streets: shall be designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 800 .
13. Alleys: 20 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 500 .
14. Part-width streets: shall be one-half of the required improvement, but not less than 28 feet, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 110, Section A .
15. Street name signs: type and placement shall conform with City standards Riverside County Ordinance 461, Standard No. 816 .
16. Barricades shall be placed at the end of dead-end streets in accordance with City standardsRiverside County Ordinance 461, Standard No. 810 .
17. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development.
Sidewalk construction shall be in accordance with the Improvement Standards of Riverside County Ordinance 461.
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B. Domestic Water. The minimum requirement for domestic water supply and distribution system is as follows:
1. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by Section 16.16.030;
2. Piped water systems.
C. Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
1. Type of fire hydrant and connection as approved by the agency providing fire protection;
2. Approved fire hydrants shall be located one at each street intersection, and spaced not more than 330 feet apart in any direction;
3. The water system shall be capable of providing a fire flow of 1,000 GPM for two hours duration at a minimum of 20 PSI operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards);
4. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site;
5. In zones that allow multifamily residential uses, the minimum fire protection shall be set forth in Chapter 8.28.
D. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
1. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available by the development of individual subsurface sewage disposal systems that meet Health Department and the Regional Water Quality Control Board standards and requirements, or, by development of a package treatment plant that meets the Health Department and Regional Water Quality Control Board standards and requirements.
2. Improvement plans for sewage collection systems shall be reviewed as required by Section 16.16.030.
3. Dry sewer may be required as set forth in Chapter 16.36 when subsurface sewage disposal is approved.
E. Fences. Minimum fencing requirement shall be as follows: six -foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.
F. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Chapter 16.40. (Ord. 18 § 2, 2008, RCC § 16.24.040)
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§ 16.24.050. Schedule "B" subdivision.
Any section of land into five or more parcels, where any parcel is not less than 18,000 square feet in net area up to two acres in gross area, shall be defined as a Schedule "B" subdivision. The minimum improvements for a Schedule "B" subdivision shall be as follows:
A. Streets.
1. Arterial highway: 86 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 100 .
2. Arterial (urban) highway: 110 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (A) .
3. Arterial (mountain) highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section
A. A maximum width of 40 feet in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64-foot four -lane highway. A minimum width of 52 feet in conformance with City standardsRiverside County Ordinance 461, Standard No. 100 (B), Section B may be required in steep terrain to provide for a passing lane.
4. Major highways: 76 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 101 .
5. Secondary highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 102 .
6. Collector streets: 44 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 103, Section B .
7. General local streets: 40 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 104, Section B .
8. Short local or circulatory interior streets: 36 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 105, Section B .
9. Restricted local or noncirculatory interior streets: 32 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 106, Section B ; provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width designed in conformance with City standardsRiverside County Ordinance 461, Standard No. 112, Local Mountain Residential Street .
10. Access roads: 32 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 106, Section B .
11. Frontage roads: designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 107, 108 or 109, Section B .
12. Cul-de-sac streets: shall be designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 800 .
13. Rural collector roads: shall be 28 feet in width, designed and constructed in 245
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conformance with City standards Riverside County Ordinance 461, Standard No. 136.
14. Rural residential (local) roads: shall be 24 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 138 .
15. Alleys: 20 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 500 .
16. Part-width streets: shall be one-half of the required improvement, but not less than 28 feet, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 110, Section B .
17. Street name signs: type and placement shall conform with City standards Riverside County Ordinance 461, Standard No. 816 .
18. Barricades shall be placed at the end of dead -end streets in conformance with City standardsRiverside County Ordinance 461, Standard No. 810 .
B. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
1. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by Section 16.16.030;
2. Piped water systems.
C. Fire Protection. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
1. Type of fire hydrant and connection as approved by the agency providing fire protection;
2. Approved fire hydrants shall be located one at each street intersection, and spaced not more than 660 feet apart in any direction;
3. The water system shall be capable of providing a fire flow of 1,000 GPM for two hours duration at a minimum of 20 PSI operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards);
4. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site;
5. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in Chapter 8.28.
D. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
1. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet Health Department and the Regional Water Quality Control Board standards and 246
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requirements, or, by development of a package treatment plant that meets the Health Department and Regional Water Quality Control Board standards and requirements.
2. Improvement plans for sewage collection systems shall be reviewed as required by Section 16.16.030.
3. Dry sewer may be required as set forth in Chapter 16.36 when subsurface sewage disposal is approved.
E. Fences. Minimum fencing requirement shall be as follows: six -foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.
F. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Chapter 16.40. (Ord. 18 § 2, 2008, RCC § 16.24.050)
§ 16.24.060. Schedule "C" subdivision.
A. Any division of land into five or more parcels where any parcel is not less than two acres in gross area up to five acres in gross area. The minimum improvements for Schedule "C" subdivision shall be as follows:
1. All streets excluding rural collector roads and rural residential (local) roads, shall be 32 feet in width, improved with asphalt concrete and paving, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 106, Section B , unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land divisions. Rural collector roads shall be 28 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 136 .
2. Rural residential (local) roads shall be 24 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 138 .
B. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
1. No water system required. If a water system is installed, the requirements shall be as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by Section 16.16.030; b. Piped water systems.
2. If no water system is installed, the following statement shall be placed on each map sheet of the record land division map and the Environmental Constraints Sheet, in letters not less than one -quarter inch high:
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NO WATER SYSTEM IS PROVIDED FOR THE LAND DIVISION AS OF THE DATE OF RECORDATION OF THIS MAP.
C. Fire Protection. If a water system is installed, the minimum requirements for fire protection facilities in single-family residential zones shall be as approved by the Fire Chief as follows:
1. Type of fire hydrant and connection as approved by the agency providing fire protection;
2. Approved fire hydrants shall be located one at each street intersection, and spaced not more than 660 feet apart in any direction;
3. The water system shall be capable of providing a fire flow of 500 GPM for two hours duration at a minimum of 20 PSI operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards);
4. If a domestic water system is installed that does not meet the minimum fire protection requirements, the following statement shall be placed on each map sheet of the record land division map and the Environmental Constraints Sheet, in letters not less than one-quarter inch high:
THE DOMESTIC WATER SYSTEM PROVIDED FOR THIS LAND DIVISION DOES NOT MEET THE MINIMUM FIRE PROTECTION REQUIREMENTS.
D. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
1. No sewage disposal collection system is required.
2. The land divider will be required to provide the Health Department with a sewage disposal feasibility report in conformance with Health Department and Regional Water Quality Control Board standards.
E. Electrical and Communication Facilities, The minimum requirements for electrical and communication facilities shall be as follows:
1. No electrical and communication facilities are required.
2. If installed, they shall be installed in conformity with the provisions of Chapter 16.40. (Ord. 18 § 2, 2008, RCC § 16.24.060)
§ 16.24.070. Schedule "D" subdivision.
Any division of land into five or more parcels, where any parcel is not less than five acres in gross area up to 20 acres in gross area, shall be defined as a Schedule "D" subdivision. The minimum improvements for a Schedule "D" subdivision shall be as fol lows:
A. Streets.
1. If the streets are not to be accepted for maintenance by the City, all streets shall be improved with 24 feet of suitable aggregate base, four inches thick, on a 40 -foot graded roadway section. Vertical grades and horizontal alignments shall be held to an acceptable tolerance as determined by the Public Works Director of Transportation . 248
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§ 16.24.080. Improvements for parcel map divisions.
The minimum improvements which a land divider shall install, or enter into an agreement to install, for parcel map divisions shall be as hereinafter set forth in Schedules "E," "F," "G," "H" and "I."
(Ord. 18 § 2, 2008, RCC § 16.24.080)
§ 16.24.090. Schedule "E" parcel map division.
Any division of land into two or more parcels in commercial or industrial zones, regardless of parcel size.
A. Streets. The minimum improvements for streets are established as follows:
1. All through streets shall be 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard 102 .
2. No circulatory street shall be less than 56 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 111 .
3. No part-width interior street shall be less than 34 feet in width.
4. Concrete curb and gutter shall be required in all cases.
5. Industrial collector shall be 56 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 111 .
6. Sidewalks may be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development.
Sidewalk construction shall be in accordance with the Improvement Standards of Riverside County Ordinance 461 .
B. Domestic Water. The minimum requirements for domestic water supply and distribution system are as follows:
1. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by Section 16.16.030.
2. Piped water systems.
C. Fire Protection. The minimum fire protection requirements shall be as provided in Chapter
8.28. D. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:
1. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet Healt h Department and Regional Water Quality Control Board standards and requirements, or by development of a package treatment plant that meets Health Department and Regional Water Quality Control Board standards and requirements.
2. Improvement plans for sewage collection systems shall be reviewed as required by 249
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Section 16.16.030.
3. Dry sewer may be required as set forth in Chapter 16.36 when subsurface sewage disposal is approved.
E. Fences. Minimum requirement for fencing shall be as follows: six -foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.
F. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Chapter 16.40. (Ord. 18 § 2, 2008, RCC § 16.24.090)
§ 16.24.100. Schedule "F" parcel map division.
Any division of land into four or less parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a Schedule "F" parcel map division. The minimum improvements for a Schedule "F" parcel map division shall be as follows:
A. Streets. The minimum improvements for streets are established as follows:
1. Arterial highways: 86 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 .
2. Arterial (urban) highways: 110 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (A).
3. Arterial (mountain) highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section
A. A maximum width of 40 feet in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64-foot four -lane highway. A minimum width of 52 feet in conformance with City standardsRiverside County Ordinance 461, Standard No. 100 (B), Section B may be required in steep terrain to provide for a passing lane.
4. Major highways: 76 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 101 .
5. Secondary highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 102 .
6. Collector streets: 44 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 103, Section A .
7. General local streets: 40 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 104, Section A .
8. Short local or circulatory interior streets: 36 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 105, Section A .
9. Restricted local or noncirculatory interior streets: 32 feet in width, designed and 250
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constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 106,
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Section A; provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width, designed in conformance with City standards Riverside County Ordinance 461, Standard No. 112, Local Mountain Residential Street .
10. Access road: 32 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 106, Section B .
11. Frontage roads: designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 107, Section A, 108 or 109 .
12. Cul-de-sac streets: shall be designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 800 .
13. Alleys: 20 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 500 .
14. Part-width streets: shall be one-half of the required improvement but not less than 28 feet, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 110, Section A .
15. Street name signs: type and placement shall conform with City standards Riverside County Ordinance 461, Standard No. 816 .
16. Barricades shall be placed at the end of dead-end streets in accordance with City standardsRiverside County Ordinance 461, Standard No. 810 .
17. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development.
Sidewalk construction shall be in accordance with the Improvement Standards of Riverside County Ordinance 461 .
B. Domestic Water. The minimum requirements for domestic water supply and distribution system are as follows:
1. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by Section 16.16.030.
2. Piped water systems.
C. Fire Protection. The minimum requirements for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
1. Type of fire hydrant and connection as approved by the agency providing fire protection.
2. Approved fire hydrants shall be located one at each street intersection, and spaced not more than 330 feet apart in any direction.
3. The water system shall be capable of providing a fire flow of 1,000 GPM for two hours duration at a minimum of 20 PSI operating pressure from each fire hydrant. This amount shall be in addition to the average day demand as defined in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). 252
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4. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site.
5. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in Chapter 8.28.
D. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
1. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet Health Department and the Regional Water Quality Control Board standards and requirements, or, by development of a package treatment plant that meets Health Department and Regional Water Quality Control Board standards and requirements.
2. Improvement plans for sewage collection systems shall be reviewed as required by Section 16.16.030.
3. Dry sewer may be required as set forth in Chapter 16.36 when subsurface sewage disposal is approved.
E. Fences. Minimum fencing requirement shall be as follows: six -foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.
F. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Chapter 16.40. (Ord. 18 § 2, 2008, RCC § 16.24.100)
§ 16.24.110. Schedule "G" parcel map division.
Any division of land into four or less parcels, where any parcel is not less than 18,000 square feet in net area to one acre in gross area, shall be defined as a Schedule "G" parcel map division. The minimum improvements for a Schedule "G" parcel map division shall be as follows:
A. Streets. The minimum improvements for streets are established as follows:
1. Arterial highway: 86 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 100 .
2. Arterial (urban) highways: 110 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (A).
3. Arterial (mountain) highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section
A. A maximum width of 40 feet in conformance with City standards Riverside County Ordinance 461, Standard No. 100 (B), Section C may be allowed when anticipated low traffic volumes or rugged terrain does not warrant construction of a 64-foot four -lane highway. A minimum width of 52 feet in conformance with City standardsRiverside County Ordinance 461, Standard No. 100 (B), Section B may be required in steep terrain to provide for a passing lane. 253
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4. Major highways: 76 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 101 .
5. Secondary highways: 64 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 102 .
6. Collector streets: 44 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 203, Section B .
7. General local streets: 40 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 104, Section B .
8. Short local or circulatory interior streets: 36 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 105, Section B .
9. Restricted local or noncirculatory interior streets: 32 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 106, Section B ; provided, however, that in areas with an elevation of 5,000 feet or more it shall be 28 feet in width, designed in conformance with City standardsRiverside County Ordinance 461, Standard No. 112, Local Mountain Residential Street .
10. Access road: 32 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 106, Section B .
11. Frontage roads: designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 107, Section B, 108 or 109 .
12. Cul-de-sac streets: shall be designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 800 .
13. Rural collector roads: shall be 28 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 136 .
14. Rural residential (local) roads shall be 24 feet in width, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 138 .
15. Alleys: 20 feet in width, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 500 .
16. Part-width streets: shall be one-half of the required improvement, but not less than 28 feet, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 110, Section B .
17. Street name signs: type and placement shall conform with City standards Riverside County Ordinance 461, Standard No. 816 .
18. Barricades shall be placed at the end of dead -end streets in conformance with City standardsRiverside County Ordinance 461, Standard No. 810 .
B. Domestic Water. The minimum requirements for a domestic water supply and distribution system shall be as follows:
1. No water system required. If a water system is installed, the requirements shall be as follows:
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a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by Section 16.16.030; b. Piped water systems.
2. If no water system is installed, the following statement shall be placed on each map sheet of the environmental constraints sheet, in letters not less than one -quarter inch high:
NO WATER SUPPLY IS PROVIDED FOR THE LAND DIVISION AS OF THE DATE OF RECORDATION OF THIS MAP.
C. Fire Protection. The minimum improvements for fire protection shall be as follows:
1. Fire protection is required when a public water system exists within 500 feet right-of- way distance of the boundary of the land division and the water purveyor is not prohibited by law from extending water service to the land. In such case, fire protection shall be required as approved by the Fire Chief or as follows:
a. Approved fire hydrants shall be located one at each street intersection, and spaced not more than 660 feet apart in any direction.
b. The water system shall be capable of providing a fire flow of 1,000 GPM for two hours duration at a minimum of 20 PSI operating pressure from each fire hydrant.
This amount shall be in addition to the average day demand as defined in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards).
2. If a domestic water system is installed that does not meet the above minimum requirements for fire protection, a statement must be placed on each map sheet of the record land division map and environmental constraints sheet, in letters not less than one-quarter inch high:
THE DOMESTIC WATER SYSTEM PROVIDED FOR THIS LAND DIVISION DOES NOT MEET MINIMUM FIRE PROTECTION REQUIREMENTS.
D. Sewage Disposal. The minimum improvements for sewage disposal shall be as follows: No sewage disposal collection system is required; however, the land divider may be required to provide the Health Department with a sewage disposal feasibility report in conformance with Health Department and Regional Water Quality Control Board standards.
E. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows:
1. No electrical and communication facilities are required.
2. If installed, they shall be installed in conformity with the provisions of Chapter 16.40. (Ord. 18 § 2, 2008, RCC § 16.24.110)
§ 16.24.120. Schedule "H" parcel map division.
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area, shall be defined as a Schedule "H" parcel map division. The minimum improvements shall be as follows:
A. Streets. The minimum improvements for streets shall be as follows:
1. Parcels Between One Acre and Less Than Five Acres in Gross Area. a. Proposed Streets. The minimum improvements for a roadway section within new dedication(s) or for existing dedications shall be designed and constructed in conformance with City standardsRiverside County Ordinance 461 and as per the following designated standards:
i. Primary and general plan circulation element street serving 50 or more lots:
24 feet graded and based with six -foot graded shoulders. ii. Collector street serving 21 to 49 lots: 24 feet graded and based with four - foot graded shoulders.
iii. Local street serving six to 20 lots: 24 feet graded and based with two -foot graded shoulders.
iv. Cul-de-sac street serving less than six lots: 24 feet graded and based. v. Access road: 24 feet graded.
b. If the streets are to be accepted for maintenance by the City, the improvements shall be as follows:
i. All streets except as noted in subsections (A)(1)(b)(i) and (ii) of this section shall be not less than 32 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 106, Section B , unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land divisions.
ii. Noncirculatory streets located in an area where the geography will not sustain parcels of lesser size may have the street section reduced to 28 feet in width. The street shall be improved with asphalt concrete paving, designed and constructed in conformance with City standards Riverside County Ordinance 461 .
iii. Rural residential (local) roads shall be not less than 24 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 138 .
c. Existing Streets. If any segment of an existing roadway section in which the grade, alignment, and drainage are not adequate as determined by the Public WorksTransportation and Fire Departments and/or the width of the traveled way is less than 18 feet; street and drainage improvement plans shall be prepared detailing the work necessary for the deficient section to be brought in compliance with City's grade, alignment and drainage standards as stated in this title and Riverside County Ordinance 461 and the designated roadway sections as listed 256
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in subsection (A)(1)(a) of this section.
d. Access Roads. The design and construction requirements as stated in subsections (A)(1)(a) and (b) of this section shall pertain for access road(s) from the nearest maintained road(s) as defined in Section 16.04.070 to the map boundary street(s).
2. Parcels no Less Than Five Acres in Gross Area.
a. Proposed Streets. No improvements are required. A centerline study profile of the map street dedications shall be submitted to the Public WorksTransportation Department for review and approval.
b. If the streets are to be accepted for maintenance by the City, the improvements shall be as follows:
i. All streets except as noted in subsections (A)(2)(b)(ii) and (iii) of this section shall be not less than 32 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with City standardsRiverside County Ordinance 461, Standard No. 106, Section B, unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land divisions.
ii. Noncirculatory streets located in an area where the geography will not sustain parcels of less size may have the street section reduced to 28 feet in width. The street shall be improved with asphalt concrete paving, designed and constructed in conformance with City standards Riverside County Ordinance 461 .
iii. Rural residential (local) roads shall be not less than 24 feet in width, improved with asphalt concrete paving, designed and constructed in conformance with City standards Riverside County Ordinance 461, Standard No. 138 .
c. Access Roads. Legal access shall be provided as defined in Section 16.08.100.
B. Street Improvement Plans. For the purposes of this section, "street improvement plans" means plans prepared by a registered civil engineer and as approved by the Public WorksTransportation Department. The plans shall be drawn on acceptable reproducible material, drawn to a horizontal scale of not greater than 80 feet to an inch, a vertical scale of not greater than eight feet to an inch, and contain a contour interval plotting of not greater than five feet. The plans shall show the following: the existing ground line profile at centerline, the engineered profile at centerline, the plan view layout of all right -of-way dedications, the watercourses and the rate of surface runoff for a 100 -year storm (Q's 100), the proposed drainage facilities within road dedications, the roadway cut and fill slope requirements, and all major topographic features and existing improvements. Design parameters shall be in compliance with this title and Riverside County Ordinance 461, unless otherwise approved by the City Engineer Director of Transportation .
C. Other Improvements. Domestic water, fire protection facilities and electrical and communication facilities shall be as required by the advisory agency.
D. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows: No 257
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sewage disposal collection system is required; however, the land divider may be required to provide the Health Department with a sewage disposal feasibility report in conformance with Health Department and Regional Water Quality Control Board standards.
E. Agricultural Lands. The following agricultural land shall be exempt from all improvement requirements specified within this section:
1. Lands lying within established agricultural preserves formed pursuant to the California Land Conservation Act and Chapter 12.12;
2. Lands zoned A -1, A-2, or A-P or A-D identified in the Comprehensive General Plan as important farmland shown on the agricultural resources map, and not less than five acres in size.
F. Exceptions. For the purposes of this section, the following exceptions shall apply to any parcel map division located in its entirety within a community services district: Whenever in this title reference is made to any street design, standards, minimum im provements, maintenance, access or dedication thereof, the adopted street standards of the community services district shall apply in meeting any street requirement for land division approval, provided the Transportation Public Works Department has previously approved such standards. The land divider shall submit to the Transportation Public Works Department a street construction permit issued by the community services district approving the proposed street construction.
(Ord. 18 § 2, 2008, RCC § 16.24.120)
§ 16.24.130. Schedule "I" parcel map division.
Any division of land where all parcels are not less than 20 acres in gross area, or greater, shall be defined as a Schedule "I" parcel map division. The land divider may be required to provide the City with soils feasibility reports in conformity with the standards and requirements of the Health Department and Regional Water Quality Control Board for individual sewage disposal.
A. Streets. The minimum improvements for streets shall be as follows:
1. If no specific plan has been filed on the land to be divided, no improvements will be required. Only a centerline study profile of the proposed street dedications shall be prepared for Transportation Public Works Department review and approval.
2. If a specific plan has been filed on the land to be divided, grading and required infrastructure improvements plans shall be prepared to ultimate design parameters for planning areas or phases of the specific plan as recommended by City development staffs and approved by the appropriate advisory agencies.
3. Legal access shall be provided as defined in Section 16.08.100.
B. Agricultural Lands. The following agricultural land shall be exempt from all improvement requirements specified in this section:
1. Lands lying within established agricultural preserves formed pursuant to the California Land Conservation Act and Chapter 12.12;
2. Lands zoned A-1, A-2, A-P, or A-D identified in the Comprehensive General Plan as important farmland shown on the agricultural resources map. 258
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C. Exceptions. For the purposes of this section, the following exceptions shall apply to any parcel map division located in its entirety within a community services district: Whenever in this title reference is made to any street design, standards, minimum im provements, maintenance, access or dedication thereof, the adopted street standards of the community services district shall apply in meeting any street requirement for land division approval, provided the Transportation Public Works Department has previously approved such standards. The land divider shall submit to the Public Works Transportation Department a street construction permit issued by the community services district approving the proposed street construction.
(Ord. 18 § 2, 2008, RCC § 16.24.130)
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CHAPTER 16.28
MAJOR THOROUGHFARE AND BRIDGE FEES
§ 16.28.010. Fee imposed.
As a condition of approval of a final map or as a condition of issuing a building permit, a fee shall be paid by the applicant for the final map or building permit, for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares, if the land that is the subject of the final map or building permit lies within an area of benefit. The amount of the fee shall be set by resolution of the City Council.
(Ord. 08-08 § 2)
§ 16.28.020. Definitions.
As used in this chapter:
"Area of benefit" means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge facility. An area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at the proceedings. "Bridge facilities" mean those locations identified in the transportation or flood control provisions of the Circulation Element of the City's General Plan as requiring a bridge to span a stream, railway, freeway or canyon. Should the City not have a General Plan in effect, then, until such time as such a General Plan is adopted, the term "bridge facilities" shall mean those locations identified in the transportation or flood control provisions of the Circulation Element or o ther element of the General Plan of the County of Riverside as requiring a bridge to span a stream, railway, freeway or canyon.
"Construction" includes design, acquisition of right -of-way, administration of construction contracts, and actual construction.
"Major thoroughfare" means those major thoroughfares identified in the Circulation Element of the City's General Plan whose primary purpose is to carry through traffic and provide a network of connecting to the state highway system. Should the City not have a General Plan in effect, then, until such time as such a General Plan is adopted, the term "major thoroughfare" shall mean those major thoroughfares identified in the Circulation Element of the General Plan of the County of Riverside whose primary purpose is to carry through traffic and provide a network of connecting to the state highway system.
(Ord. 08-08 § 2)
§ 16.28.030. General Plan applicability.
The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the Circulation Element of the General Plan adopted by the City Council at least 30 days prior to the filing of a map or applicati on for a building permit and on land located within the boundaries of the area of benefit. Should the City not have a General Plan in effect, then, until such time as such a Plan is adopted, the provisions herein for the payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in the Circulation Element of the General Plan of the County of Riverside. (Ord. 08-08 § 2)
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§ 16.28.040. Payment of fees.
Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit. Payme nt of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.
(Ord. 08-08 § 2)
§ 16.28.050. Establishment of area of benefit —Notice.
Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of the Director of Public Works or other designated City employee. The proposal shall be forwarded to the Planning Commission for its review and recommendations at a regular or special meeting. The Planning Commission comments and recommendations, and the Public Works Director's report shall be transmitted to the City Council.
The City Council will set a public hearing for each proposed area of benefit. Notice of the time and place of said hearing, including preliminary informat ion related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment, shall be given in accordance with Government Code Section 65091.
(Ord. 08-08 § 2)
§ 16.28.060. Establishment of area of benefit—Conduct of public hearing.
A. At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the City Council may, unless a majority written protest is filed and not withdrawn as specified in Section 16. 28.070, establish an area of benefit. If an area of benefit is established at the public hearing, the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare.
B. A description of the boundaries of the area of benefit, the costs, whether actual or estimated, and the method of fee apportionment established at the hearing shall be incorporated in a resolution of the City Council, a certified copy of which shall be recorded by the City Council with Riverside County Recorder.
C. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to Section 66484 of the Ca lifornia Government Code, the City Council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources.
(Ord. 08-08 § 2)
§ 16.28.070. Protests.
A. Written protest shall be received by the City Clerk any time prior to the close of the public 261
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hearing. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public hearing.
B. If written protests are filed by the owners of more than one -half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this chapter.
C. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this chapter to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this chapter prohibits the City Council, within that one -year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one -half of the area of the property to be benefited are in favor of going forward with that portion of the improvement or acquisition.
(Ord. 08-08 § 2)
§ 16.28.080. Deposit of funds in separate accounts.
Fees paid pursuant to this chapter shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. Moneys in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the co sts of constructing the improvement. (Ord. 08-08 § 2)
§ 16.28.090. Advancement of funds by City.
The City Council may approve the advancement of money from the General Fund or Road Fund to pay the costs of constructing the improvements covered herein and may reimburse the General Fund or Road Fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this chapter.
(Ord. 08-08 § 2)
§ 16.28.100. Subdivider construction of major thoroughfare or bridge—Reimbursement.
If the subdivider, as a condition of approval of the subdivision, or the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the subdivider or building permit applicant. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdividers or applicant's property in the resolution establishing the area of benefit. If the bridge or major 262
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CHAPTER 16.32
FLOOD CONTROL AND DRAINAGE
Article I
Drainage Fees
§ 16.32.010. Authority.
The ordinance codified in this chapter is adopted pursuant to Section 66483 et seq. of the Government Code which provides for the payment of fees for the construction of drainage facilities as a condition to the division of land.
(Ord. 18 § 2, 2008, RCC § 16.36.010)
§ 16.32.020. Area drainage plan—Fee required.
Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area. (Ord. 18 § 2, 2008, RCC § 16.36.020)
§ 16.32.030. Adoption of area drainage plan.
Each area drainage plan shall be adopted by resolution of the City Council, pursuant to the provisions of Government Code Section66483 et seq.; shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan; and shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the Council shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The Council shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the need for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within the area which would be assessable on such property if the costs were apportioned uniformly on a per acre basis. (Ord. 18 § 2, 2008, RCC § 16.36.030)
§ 16.32.040. Payment of fees.
A. Drainage fees shall be paid at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the landowner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of issuance of the grading permits or prior to issuance of the building permits if grading permits are not issued.
B. The drainage fee shall be paid to the Riverside County Flood Control and Water Conservation District at the time of issuance of a grading or building permit. Upon issuance of the grading or building permit, written documentation verifying payment of the drainage fee shall be submitted to the Public WorksBuilding Official of the Department of Building and Safety .
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§ 16.32.090 SUBDIVISIONS § 16.32.110
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Article II
Flood Control and Tract Drainage
§ 16.32.090. General provisions.
Facilities for the control of tract drainage and floodwaters in Schedule "A," "B," "C," "D," "E," "F" and "G" land divisions are established as follows:
A. The minimum design for facilities which control drainage water generated within a land division or floodwater flowing into or crossing a land division shall be based on a storm having a frequency of once in 100 years. Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a land division shall be submitted for approval to the Public Works Director of Transportation . Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a land division shall be submitted for approval to the flood control agency having jurisdiction and to the Public Works Director of Transportation .
B. The use of streets for flood control and drainage purposes may be prohibited by the Public Works Director of Transportation if the use thereof is not in the interest of the public health, safety and welfare.
C. When the Public Works Director of Transportation permits the use of streets for flood control and drainage purposes, the 10 -year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes, and the 100 -year frequency design discharge shall be contained within the st reet right -of-way. If either of these conditions is exceeded, additional flood control facilities shall be provided. (Ord. 18 § 2, 2008, RCC § 16.36.090)
§ 16.32.100. Flood control.
A. The flood control engineer shall review the hydrologic calculation submitted by the land divider and determine the adequacy of peak discharges of offside floodwaters impinging upon the land division from which protection must be provided. The land divider may consult with the flood control engineer or his/her representative as to the adequacy of the flood control facilities proposed.
B. Improvement plans for flood control facilities to control floodwater flowing into or crossing a land division shall be approved by the appropriate flood control agency and the Public Works Director of Transportation .
C. After receipt of an acceptable tentative map, the flood control engineer will recommend conditions to be imposed. He or she shall also furnish a flood hazard report to the land divider and such governmental agencies as may require the same. (Ord. 18 § 2, 2008, RCC § 16.36.100)
§ 16.32.110. Tract drainage.
A. Improvement plans for drainage facilities to control drainage water generated within a land division shall be approved by the Flood Control and Water Conservation District and Transportation Public Works Department.
B. In land divisions where lot grading is not proposed, the following criteria are established:
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1. Where land division streets on sustained gradients cross natural drainage courses, adequate culverts shall be provided to accommodate the 100 -year storm with maximum ponding to an elevation two feet below the road centerline profile grade, provided diversi on of ponded water into another drainage area will not result therefrom.
2. Runoff in natural drainage courses exceeding the 100-year storm may be permitted to overtop the roadway in dip sections where, in the opinion of the Public Works Director of Transportation , topography, soil conditions, adjacent development and available all-weather routes indicate its feasibility. If a deep section is permitted, the roadway embankment slopes shall be adequately protected.
3. Culverts of adequate size, but not less than 18 inches in diameter or equal, to prevent the 100-year storm from overtopping the roadway shall be provided in dip section or as approved by the Public Works Director of Transportation . Smaller culverts may be approved by the Public Works Director of Transportation .
4. Streets crossing improved channels shall be provided with culverts of adequate size to permit passage of the channel design flow or such other type of crossing as approved by the appropriate flood control agency and the Public Works Director of Transportation .
5. Asphalt concrete for lining of channels shall not be permitted.
6. When a land division substantially changes, concentrates or increases the natural flow of surface water onto adjacent property, facilities shall be required to direct the water to an adequate outlet, or the land divider shall obtain a recordable easement or written agreement for drainage purposes across the affected property. (Ord. 18 § 2, 2008, RCC § 16.36.110)
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§ 16.40.010 SUBDIVISIONS § 16.40.010
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CHAPTER 16.40
ELECTRICAL AND COMMUNICATIONS FACILITIES
§ 16.40.010. Installation requirements.
A. Electrical power, telephone or other communication, street lighting, and cable television lines shall be placed underground.
B. The owner or land divider is responsible for complying with the requirements of this section and shall make necessary arrangements with the serving agencies for the installation of such facilities.
C. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, concealed ducts, and pedestal mount terminal boxes and meter cabinets may be placed above ground.
D. Underground lines shall not be required:
1. For any part of a land division as to which an existing overhead line is in a street or easement adjacent to the lot or lots to be served from the line or from one or more additional lines on the same poles;
2. In any land division or portion thereof where it is determined that, due to severe soil or topographical problems in the greater portion of the land, underground installation would be reasonably costly and the use of overhead lines would not be detrimental to other property in the vicinity;
3. In any case in which it is determined that the use of overhead facilities is compatible with the surrounding development and is not inconsistent with the purposes of this title, underground lines as to all or a portion of a land division may be waived at t he time of the approval of the tentative map. Application shall be made in writing by the land divider at the filing of the tentative map, stating fully the facts and grounds upon which the waiver is sought.
E. When arrangements are made with the serving agency, a letter stating that arrangements have been made for underground facilities and such other comments the agency may have regarding easements, utility locations, and other pertinent matters must be submitted by the agency to the Public Works Director of Transportation .
F. Distribution lines must be underground when alignments parallel or cross scenic highways, natural scenic and historic sites, recreation areas, wildlife refuges, national and state monuments or other unique natural resources when it is deemed feasible.
G. Street lighting shall conform to the provisions and processing procedures as outlined in Section 22 of Riverside County Ordinance 461 by the City Engineer . (Ord. 18 § 2, 2008, RCC § 16.44.010)
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§ 16.44.010 SUBDIVISIONS § 16.44.020
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CHAPTER 16.44
STREET TREES
§ 16.44.010. General provisions.
A. The planting of street trees in connection with the development of new land divisions is desirable and shall be required as a condition of approval in Schedule "A," "B," "C," "D," "E," "F" and "G" land divisions unless otherwise exempted. In Schedule "E" p arcel maps, the planting of trees shall be deferred to the plot plan stage.
B. All land divisions governed by this section shall be required to have planted a minimum of one street tree per parcel frontage prior to final building inspection based on the following standards:
1. Trees shall be chosen from Chapter 17.276 , and the accompanying tree list and the Riverside County guide to trees, shrubs and groundcovers. Each choice should reflect consideration of the geographic zone involved.
2. Trees shall be located such that at 15 years of age the crown will not encroach across property lines or into street rights -of-way.
3. Trees shall be located a minimum of 10 feet from driveways.
4. Trees shall be spaced at approximately 60-foot intervals or a minimum of one tree per lot frontage.
5. For corner lots, street trees shall be required on both street frontages, provided such planting does not interfere with site distances and setbacks.
6. Street trees shall not be required along street frontages where noise attenuation walls exist or will be required.
7. All street trees shall be staked. Tree stakes shall be one and one-half to two inches in diameter, eight feet in length, and driven into the hole before tree is planted on the side from which the prevailing winds come. The tree shall be secured to the stake in two or three places with plastic, cloth or rubber ties.
8. Exceptions to street tree planting may be permitted in cul -de-sacs and on those lots where proper spacing is not possible. Requests for exception shall be made to the Community Development Planning Director.
(Ord. 18 § 2, 2008, RCC § 16.48.010)
§ 16.44.020. Security and agreements.
A. Prior to the issuance of building or grading permits, the land divider shall enter into an agreement with the Transportation Public Works Department for the planting of the trees and for the guarantee and warranty of the work for a period of one year following the acceptance of all improvements as against any defective work or labor done, or defective materials furnished.
B. Acceptable forms of security shall be the same as those enumerated in Section
16.44.010(A). The agreement and the security shall be executed only upon forms and terms approved by the Council, and shall be checked by the Public Works Director of Transportation . The
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amount of the security shall be $100.00 for each tree required.
C. The security shall be released at the time when the one-year warranty period has ended. (Ord. 18 § 2, 2008, RCC § 16.48.020)
§ 16.44.030. Exemptions.
A. Any person who is required to plant street trees may request exemption from the requirement. The request for the exemption shall be made to the Public Works Director of Transportation on the forms provided by the Transportation Public Works Department with other such agency clearances as may be required.
B. Any person may be exempted from the requirement to plant street trees if any of the following conditions are found to exist:
1. Tree planting is impractical due to unsatisfactory soil, rock, grade or other topographical conditions that cannot readily be corrected;
2. A satisfactory water supply is not available;
3. Tree planting will create conditions hazardous to traffic;
4. The street is likely to be widened within a reasonable period of time and trees cannot now be set in their proper relationship to the ultimate right -of-way;
5. Trees are already planted in the substantially correct location.
C. Any request for exemption shall be reviewed by the Public Works Director of Transportation and be transmitted for review to the Planning D ivisionepartment . The decision on any request for an exemption under this section shall be made prior to the issuance of any building or grading permits.
(Ord. 18 § 2, 2008, RCC § 16.48.030)
§ 16.44.040. Enforcement.
The Public Works Transportation Department shall be responsible for the enforcement of the street tree planting requirements under this chapter.
(Ord. 18 § 2, 2008, RCC § 16.48.040)
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§ 16.56.010 SUBDIVISIONS § 16.56.010
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CHAPTER 16.56
SECURITY FOR IMPROVEMENTS AND TAXES
§ 16.56.010. Security for improvements.
A. If the improvements are not completed prior to approval of the final map or parcel map, the land divider shall enter into an agreement with the City to complete the improvements and in connection therewith shall furnish to the City improvement security in the amounts required by subsection D of this section. Acceptable forms of security shall be limited to the following:
1. A bond or bonds by one or more duly authorized corporate sureties;
2. A cash deposit with the City;
3. An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit until released by the City;
4. An irrevocable letter of credit issued by a financial institution subject to regulation by the state or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the Public Works Director of Transportation , and that such written demand need not present documentation of any type as a condition of payment, including proof of loss.
B. The agreement and the improvement security for Schedules "A," "B," "C," "D" and "E" maps shall be executed for the City by the chairperson of the Council only upon forms and terms approved by the Council, which shall be checked by the Public Works Director of Transportation . The Public Works Director of Transportation shall be authorized to execute on behalf of the City agreements and improvement security in accordance with the provisions of this chapter for Schedules "F," "G," "H" and "I" maps. The agreement and improvement security for Schedules "F," "G," "H" and "I" maps shall be executed for the City by the Public Works Director of Transportation only upon forms and terms approved by the Council. If bonds are to be used, they shall be substantially in the form provided for in the Subdivision Map Act.
C. The original period of the agreement and security shall be 24 months. Extensions of time may be granted at any time by the City Manager only upon terms and conditions approved by the City Council either at its own option, with or without notice to the land divider and surety, or at the written request of the land divider, with or without notice to the surety.
Each extension shall be for a period not to exceed one year. In addition to the above, and as a further condition to granting an extension of time, the City Engineer may require additional agreements or security as necessary to guarantee the completion of the improvements.
D. Security to guarantee the performance of any act or agreement shall be in the following amounts:
1. 100% of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;
2. 50% of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his or her subcontractors, and the persons 269
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furnishing labor, materials or equipment to them for the improvement or the performance of the required act;
3. 10% of the total estimated cost of the improvement or the performance of the required act for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the secur ity and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing the obligation, all to be taxed as costs and include d in any judgment.
E. The security may be released, in whole or in part, in the following manner:
1. Security given for faithful performance or any act or agreement shall be released upon the performance of the act and final completion and acceptance of the required work.
Once one-third of the bonded work has been completed, a request for a partial release of securities may be submitted. The request shall be made in writing to the Transportation Public Works Director, and a fully detailed description of the bonded work completed shall be provided with the request. A maximum of three partial releases of the security may be granted by written order of the Public Works Director of Transportation upon a determination by the Public Works Director of Transportation of the acceptable work that has been completed and the amount of security that is necessary to guarantee the completion of the remaining improvements.
Requests for partial releases, setting forth in detail the amount of work completed, shall be made in writing to the Public Works Director of Transportation .
2. Security securing the payment to the contractor, the subcontractors, and the persons furnishing labor, materials or equipment may, after the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Council, and if no such claims of lien have been recorded, the security may be released in full. Requests for release shall be made to the Public Works Director of Transportation who may, prior to the release of any security under this subdivision, require the land divider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the land division.
3. The release of such security shall not apply to any required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorney fees.
F. In any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of such other agency. The City sha ll notify the servicing agency in writing and such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to it s satisfaction.
G. The liability upon the security given for the faithful performance of any act or agreement shall be limited to:
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1. The performance of the work, covered by the agreement between the subdivider and the City for the performance of the required act;
2. The performance of any changes or alterations in such work, provided that all such changes or alterations do not exceed 10% of the original estimated cost of the improvement;
3. The guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished in the performance of the agreement or the performance of the act;
4. Costs and reasonable expenses and fees, including reasonable attorneys' fees.
H. If the estimated cost of completing the street/drainage improvements, water system improvements, sewer system improvements or the setting of the monuments is less than $5,000.00, a cash bond shall be required for that specific improvement.
I. The Public Works Director of Transportation is authorized to release or reduce the security in accordance with the provisions of this section.
(Ord. 18 § 2, 2008, RCC § 16.60.010; Ord. 60 § 2, 2011)
§ 16.56.020. Security for taxes and assessments.
A. Certificates for taxes and special assessments, as prepared by the tax collector, and security for unpaid taxes and special assessments shall be furnished as required by the Subdivision Map Act. This section applies to land divisions located within the City.
B. When a land division is located within the City:
1. If the certificate shows that there are no liens against the land division or any part thereof for unpaid taxes or special assessments collected as taxes, the City Clerk shall certify that such certificates have been filed and shall transmit the final map or parcel map to the County Recorder without placing the matter on the agenda of the Council.
2. If the certificate shows that there are no liens against the land division or any part thereof for unpaid taxes or special assessments collected as taxes, except for taxes or special assessments that are not yet payable, the land divider shall file with th e City Clerk acceptable security in the amount determined by the tax collector as necessary to pay the taxes and special assessments which are a lien but not yet payable. Upon approval of the security by the City Attorney, the City Clerk shall certify that such certificates and security have been filed and shall transmit the final map or parcel map to the County Recorder without placing the matter on the agenda of the Council.
3. When a land division is located within the City, the land divider shall furnish the required certificate as to tax and assessment liens to the Public Works Director of Transportation who shall handle the matter as a part of the processing of the final map or parcel map.
C. Acceptable forms of security for taxes shall be as provided in Section 16.56.010(A) for security for improvement; provided, however, that a cash bond shall be required to guarantee the payment of taxes in amounts less than $2,500.00. The forms of security offered shall not have an expiration date prior to that of the expiration of the map. (Ord. 18 § 2, 2008, RCC § 16.60.020; Ord. 60 § 3, 2011) 271
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CHAPTER 16.60
REVERSION TO ACREAGE
§ 16.60.010. Generally.
Divided real property may be reverted to acreage pursuant to the provisions of this title and the Subdivision Map Act. Reversion to acreage proceedings may be initiated by the City Council on its own motion, or by petition of all owners of record of real property that is proposed to be reverted to acreage.
(Ord. 18 § 2, 2008, RCC § 16.64.010)
§ 16.60.020. Procedures for filing.
To revert divided lands to acreage, a tentative map shall be filed as follows:
A. A tract or parcel map number shall be obtained from the County Surveyor upon payment of the fee set forth in Chapter 3.44 by the County .
B. 25 copies of the tentative map shall be filed with the Community Development Planning Director, accompanied by the fee as set forth in Chapter 3.44. The fee shall be paid by the owners filing the tentative map, or, if the reversion to acreage is initiated by the Council upon request of the owners of the property, the fee shall be paid by t he person(s) making the request to the Council.
C. The tentative map prepared in the form required by Chapter 16.12 shall show all relevant details of the land division proposed to be reverted, its relationship to existing streets, dedications, and adjoining lands, and configurations of the proposed revers ion.
D. Proof of ownership of the real property proposed to be reverted to acreage shall be submitted with the tentative map.
(Ord. 18 § 2, 2008, RCC § 16.64.020)
§ 16.60.030. Review of tentative map.
The tentative map shall be distributed by the Community Development Planning Director to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the appropriate Land Development Committee, which Committee shall report and recommend to the advisory agency having jurisdiction over the area.
(Ord. 18 § 2, 2008, RCC § 16.64.030)
§ 16.60.040. Consideration by advisory agency.
The advisory agency shall consider the report and recommendation of the Land Development Committee on the tentative map, and shall forward a report and recommendation to the Council for approval, conditional approval or disapproval of the proposed reversion to acreage. A copy of the advisory agency report and recommendations shall be mailed to the applicant or the authorized ag ent.
(Ord. 18 § 2, 2008, RCC § 16.64.040)
§ 16.60.050. Consideration by Council.
A. After receipt of the report and recommendations of the advisory agency, the Council shall set the matter for public hearing. Notice of the time and place of the public hearing before 272
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the Council, including a general description of the location of the property proposed to be reverted to acreage, shall be given at least 10 days before the public hearing by publication once in a newspaper of general circulation that is published and circulated in the City.
B. Divided real property may be reverted to acreage only if the Council finds that:
1. Dedications or offers of dedication which have not been accepted by the City and which are to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
2. Either:
a. All owners of an interest in the real property within the land division have consented to the reversion, or
b. None of the improvements required to be made have been made within two years from the date the final land division map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later, or
c. No lots shown on the final land division map have been sold within five years from the date such map was filed for record.
C. The following shall be required as conditions to approval of a reversion:
1. Dedications necessary for a logical street pattern for access to any lands not proposed for reversion or as may be necessary for drainage or utilities;
2. Retention of all previously paid fees;
3. Retention of any necessary improvement security or deposit. (Ord. 18 § 2, 2008, RCC § 16.64.050)
§ 16.60.060. Final map procedures.
After the approval of the tentative map, the applicant may cause a final map or parcel map to be prepared in accordance with the applicable provisions of Chapter 16.16, and shall pay the fees as set forth in Chapter 3.44.
(Ord. 18 § 2, 2008, RCC § 16.64.060)
§ 16.60.070. Merging of contiguous parcels.
A. Notwithstanding the preceding sections, four or fewer contiguous parcels under common ownership may be merged without reverting to acreage, provided that the merger is approved by the Community Development Planning Director and an instrument evidencing such merger is recorded with the County Recorder.
B. Applications to merge contiguous parcels shall be made to the Community Development Planning Director on forms provided by the Planning D ivisionepartment , and shall be accompanied by the fee specified in Chapter 3.44, and the following:
1. An exhibit, drawn to scale, delineating the existing parcel boundaries and the location of existing structures and easements;
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2. Copies of grant deeds for the existing parcels;
3. An exhibit, drawn to scale, delineating the boundaries of the parcel after the merger;
4. A legal description of the new parcel as merged;
5. Preliminary title report;
6. Written consent of all owners of record interest.
C. The Community Development Planning Director shall transmit a completed application to the City Engineer County Surveyor for review and recommendation and shall grant approval of the request for merger if:
1. The parcels to be merged are, at the time of merger, under common ownership and written consent has been obtained from all record owners;
2. The parcel as merged will be consistent with the zoning of the property;
3. The parcel as merged will not conflict with the location of any existing structures on the property;
4. The parcel as merged will not be deprived access as a result of the merger;
5. Access to the adjoining parcels will not be restricted by the merger;
6. No new lot lines are created through the merger;
7. The existing right -of-way shall not be altered. Any alteration shall be accomplished through a separate vacation process.
D. The Community Development Planning Director shall submit to the County Recorder for recordation the new legal description and exhibit within 20 days after it has been approved by the Planning Director.
(Ord. 18 § 2, 2008, RCC § 16.64.070)
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CHAPTER 16.64
LOT LINE ADJUSTMENTS
§ 16.64.010. Lot line adjustment defined.
A "lot line adjustment" is a modification of a boundary line between two or more adjacent legal parcels where the modification complies with the following criteria:
A. No new parcels are created, and no existing parcels are deleted; B. No parcel is reduced below the minimum lot area required by the zoning designation set forth in Title 17 and the General Plan of the City;
C. The proposed adjustment is exempt from the Subdivision Map Act, and no tentative map, final map or parcel map, shall be required as a condition to the approval of a lot line adjustment;
D. Public rights -of-way are not altered in any way unless approved by the Public Works Director of Transportation .
(Ord. 18 § 2, 2008, RCC § 16.68.010)
§ 16.64.020. Filing requirements.
Applications for lot line adjustment as defined in Section 16.04.060(B) shall be made to the Community Development Planning Director on forms provided by the Planning Divisionepartment . The applications shall be accompanied by the fee set forth in Chapter 3.44. (Ord. 18 § 2, 2008, RCC § 16.68.020)
§ 16.64.030. Procedure.
Upon receipt of a completed application, the Planning D ivisionepartment shall transmit the material to the following agencies: Transportation Department, County Surveyor, Health City Engineer, Fire, Building and Safety, Assessor Departments, and other appropriate agencies Flood Control District . The applicant and his or her representative shall be notified of any concerns set forth by the reviewing agencies which may delay approval of the applications. The Community Development Planning Director shall limit his or her review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and City ordinances, and shall not impose conditions or exactions on the approval except to conform to City ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements or improvements. When special circumstances applicable to a parcel of property, including but not limited to topographic constraints, parcel orientation, access restrictions, methods of circulation, existing improvements, and/or urbanization of the property under a requested permit, the Community Development Planning Director may, upon sufficient documentation and justification, approve a lot line adjustment so long as the proposed adjustment is not in conflict with state law, City ordinances, and requirements set by other City departments or agencies.
Within 30 days of the lot line adjustment application being accepted as complete, the Community Development Planning Director shall conditionally approve, disapprove or notify the applicant and his or her representative that the request does not meet the requirements of a lot line adjustment. Applications for lot line adjustment shall not be considered final until the exhibits and new legal descriptions, or amended deed, reflecting the adjustment have been recorded.
(Ord. 18 § 2, 2008, RCC § 16.68.030)
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§ 16.64.040. Recordation.
Upon approval of the lot line adjustment, the Community Development Planning Director, within six months or as agreed to by the Community Development Planning Director and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the notice of lot line adjustment with the County Recorder. The notice shall contain the following: "This document is being recorded pursuant to Lot Line Adjustment No. , approved by the Planning D ivisionepartment on ."
(Ord. 18 § 2, 2008, RCC § 16.68.040)
§ 16.64.050. Record of survey.
A record of survey shall be required pursuant to Section 8762 of the Business and Professions Code if monuments are set at the new lot lines, unless the boundary is monumented as part of a land division with a recorded map.
(Ord. 18 § 2, 2008, RCC § 16.68.050)
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CHAPTER 16.68
ENFORCEMENT AND PENALTIES
§ 16.68.010. Denial of permits.
No building permit, grading permit or any other permit or approval necessary to develop real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title that were applicable at the time such division occurred, unless the Community DevelopmentPlanning Director, as hereinafter provided, finds that development of such real property is not contrary to the public health, welfare or safety. A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property. Whenever a permit or approval is sought to develop such real property, the department from which th e permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and shall advise the person that he or she may file an application with the Community DevelopmentPlanning Director for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of a certificate of compliance.
(Ord. 18 § 2, 2008, RCC § 16.72.010)
§ 16.68.020. Certificate of compliance.
A. Classification of Certificates of Compliance.
1. Certificates of Compliance. A certificate of compliance is issued when the real property is in compliance with the Subdivision Map Act and this title.
2. Conditional Certificate of Compliance. A conditional certificate of compliance is issued when the Community Development Planning Director determines that the property was divided in violation of the Subdivision Map Act or this chapter.
3. Certificate of Compliance and Waiver of Parcel Map. A certificate of compliance is required on all tentative parcel maps which have the parcel map waived. Since there is no parcel map to record, a certificate is necessary to record a legal description of t he property which has been divided.
B. The following procedures shall apply to applications for approval of a certificate of compliance:
1. Application. Any owner of real property, including owners denied a permit, may file an application for a certificate of compliance. A separate application shall be made to the Community Development Planning Director, accompanied by the fees set forth in Chapter 3.44 for each parcel to be certified. No certificate of compliance application proposing the certification of multiple lots will be accepted unless submitted in conjunction with a waived final parcel map. Each completed application shall be accompanied by the following:
a. A map shall be submitted, drawn on a form provided by the Planning Divisionepartment . The map shall be legibly drawn, in ink, to an engineer's scale, with the scale shown on the map. It shall show the subject property with dimensions and the gross and net area, and it shall show the locations, width and names of
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all streets and roads adjacent to and providing access to the property. b. The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements.
c. A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersection.
d. The map shall show the name, address, telephone number of the current owner of the property, and the name, address and telephone number of the person preparing the map, if different from the owner.
e. The map shall show the current zoning on the property and the current assessor's parcel number.
f. The application shall also include:
i. A legible copy of the current owner's grant deed or contract of sale; ii. A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property;
iii. Documentation of recorded access to the subject property unless abutting a public street;
iv. A legal description for the subject property to be typed on plain white paper, 8-1/2 by 11 inches in size, with one -inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance;
v. A lot book report that shows transaction of the subject property for the previous four years.
2. Processing and Issuance.
a. Certificate of Compliance.
i. Upon receipt of a completed application, the Community Development Planning Director shall review the matter and within 50 days after receipt of the completed application make a final determination as to whether or not the real property complies with the applicable provisions of the Subdivision Map Act and this title, or whether the proposed development of the real property can be approved as not contrary to the public health, welfare and safety.
ii. If the Community Development Planning Director determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, he or she shall cause a certificate of compliance to be filed for record with the County Recorder.
b. Conditional Certificate of Compliance.
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i. If upon receipt of a completed application the Community Development Planning Director determines that the property was divided in violation of the Subdivision Map Act or this title, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, a certificate of compliance may be issued by the Community Development Planning Director contingent upon the completion of specified conditions.
ii. The Commun ity Development Planning Director shall submit the applications to the Land Development Committee at one of its regular meetings for its report, recommendations and to establish appropriate conditions.
iii. The Community Development Planning Director may impose such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property, except that where the applicant was the owner of record at the time of the initial violation who by a grant of the real property created a parcel or parcels in violation, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation, then the Community DevelopmentPlanning Director may impose such conditions as would be applicable to a current division of the property or the requirement of filing on a tentative parcel or tract map.
(A) When the Community Development Planning Director imposes conditions, he or she shall file for record with the County Recorder a conditional certificate of compliance.
(B) The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner. (C) Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the City or any other subsequent jurisdiction, unless the property is thereafter included as a part of a legal division of said real property pursuant to the provisions of this title. (D) Upon completion of the conditions, the owner shall notify the Community Development Planning Director. If the conditions are satisfactorily completed, the Community Development Planning Director shall then issue and record a final certificate of compliance. iv. Certificate of Compliance and Waiver of Parcel Map. (A) A certificate of compliance is required on all tentative parcel maps which have the parcel map waived.
(B) The Community DevelopmentPlanning Director shall distribute the final copy of the certificate of compliance and waiver of parcel map to the Department of Building and Safety Division and County RecorderCity Clerk 's office upon payment of the fee set forth in Chapter 3.44.
3. Appeal to Planning Commission. The decision of the Community DevelopmentPlanning Director regarding a
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certificate of compliance may be appealed to the Planning Commission within 10 calendar days after the date of the decision by the Community Development Planning Director. Upon receipt of a completed appeal, the Community Development Planning Director shall set the matter for hearing before the Planning Commission, not less than 10 days nor more than 60 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The Planning Commission shall render its decision within 30 days following the close of the hearing on the appeal and a copy thereof shall be mailed to the appellant.
(Ord. 18 § 2, 2008, RCC § 16.72.020)
§ 16.68.030. Notice of violation.
Whenever the Community Development Planning Director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he or she shall cause to be filed for record with the County Recorder notice of intention to record a notice of violatio n, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the Community DevelopmentPlanning Director shall mail a copy of such notice by certified mail to the owner of such property. The notice shall specify a time, date, and the place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the Community Development Planning Director shall file a release of the notice of intention to record a notice of violation with the County Recorder. If, after the owner has presented evidence, the advisory agency determines that the property has, in fact, been illegally divided, or within 60 days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the advisory agency as to why the involved real property has not been illegally divided, the advisory agency shall record the notice of violation with the County Recorder. The notice of intention, to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.
(Ord. 18 § 2, 2008, RCC § 16.72.030)
§ 16.68.040. Prohibition.
A. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereof, or allow occupancy thereof, for which a final map or parcel map is required by this title, until such map thereof, in full compliance with the provisions of this title, has been filed for record by the County Recorder.
B. No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, or allow occupancy thereof, for which a parcel map is required by this title, except model homes, u ntil such map thereof in full compliance with the provisions of this title has been filed for record by the Recorder.
C. Conveyances of any part of a division of real property for which a final map or parcel map is required by this title, shall not be made by parcel or block number, initial or other designation until such map has been filed for record by the Recorder.
D. This section does not apply to any parcel or parcel of a division offered for sale, lease or 280
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CHAPTER 16.72
URBAN LOT SPLITS
§ 16.72.010. Purpose and intent.
It is the purpose of this chapter to provide procedures necessary for the implementation of Section 66411.7 of the Government Code pertaining to urban lot splits, as defined in Section
16.72.020 herein. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Section 66411.7 of the Government Code, the provisions of this chapter shall apply. (Ord. 223 § 2, 2022)
§ 16.72.020. Eligibility.
A parcel map shall be required for all urban lot splits, defined as the subdivision of a parcel into two parcels pursuant to Section66411.7 of the Government Code. An application for an urban lot split shall be approved by the Community Development Planning Director if the application meets all of the following requirements:
A. The proposed urban lot split will create no more than two new parcels, and eEach of the newly created parcels meets all the required oObjective sStandards in this Chapter the following requirements:
1. Is at least 1,200 square feet in size;
2. Is at least 40% of the lot area of the original parcel;
3. Has access to or adjoins the public right -of-way, sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code Section 503 and Title 14, California Code Regulations Section 1273.00 et seq., when applicable to the parcel; and
4. The parcel to be subdivided is located within the R -R, R-R-O, R-1, R-1A, R-A, R-T, or R-T-R zone.
B. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code.
C. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;
3. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and/or
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4. Housing that has been occupied by a tenant in the last three years based beforeon the date of the application for an urban lot split.
D. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City landmark or City heritage resource. The parcel is not located within a historic al landmark property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark pursuant to a city or county ordinance.
E. The proposed urban lot split does not require demolition or alteration of either of the following:
1. A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance.
D.2. An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance.
E.F. The parcel has not been established through prior exercise of an urban lot split provided for in Section 66411.7 of the Government Code or this section.
F.G. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.
G.H. The proposed new parcels are intended for exclusively residential use.The urban lot split will not result in a structure being split over the two parcels.
H. The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all of the following to be true:
1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.
2. The owner of the parcel intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. Owner -occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.
3. The owner has not previously subdivided an adjacent parcel using an urban lot split.
4. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. "Acted in concert" means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.
(Ord. 223 § 2, 2022)
§ 16.72.030. Objective subdivision standards.
All urban lot splits under this chapter shall also comply with the standards in this section, unless 282
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the applicant can demonstrate that this application of the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels , or would necessarily result in a unit size of less than 1,200 square feet for any unit on the resulting parcels :
A. New parcel lines that abut a street shall maintain right angles to streets or are radial to the centerline of curved streets or be parallel to existing parcel lines.
B. Lots without 24 feet or more of frontage on a street will not be permitted. Frontage requirements for flag lots may be satisfied by a driveway or private road accessing a street of 12 feet in width or more.
Each resulting parcel must
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C. A minimum of one off -street parking space shall be provided on each parcel except no parking shall be required where the parcel meets one or both of the following instances:
1. The parcel is located within one -half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resourc es Code.
2. There is a car-share vehicle located within one block of the parcel.
D. No additional setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.
C. Hhaves access to or adjoins the public right -of-way, sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code Section 503 and Title 14, California Code Regulations Section 1273.00 et seq., when applicable to the parcel .; and
D. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area , provided that no one parcel isshall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision .
E. Both newly created parcels are no smaller than 1,200 square feet .
F. The parcel being subdivided is located within a single -family residential zone.
G. The parcel map satisfies the objective requirements of the Subdivision Map Act and this chapter regarding parcel maps.
The standards described in this paragraphsection shall apply except to the extent a standards to all urban lot splits except where such standard directly conflicts with a provision of this chapter or Section 66411.7 of the Government Code, as amended, or would whether the applicant demonstrates that such zoning district standard or design standard would have the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet. (Ord. 223 § 2, 2022)
§ 16.72.040. Filing, processing, and action.
A. An application for an urban lot split must be made through submittal of a City parcel map application and requisite fees and approved by the Community Development Planning Director as provided for in Subsection B. of Section 16.12.150 of this Code. The minimum information for a parcel map is provided on the application form.
B. The City shall act on an application for an urban lot split within 560 days from the date the City deems an application to be complete. If the applicant requests a delay in writing, the 560 day time period shall be tolled for the period of the delay. If the City has not acted on the completed application within 60 days or by the end of any tolled period, the application shall be deemed approved. The City has acted on the application if it:
1. Approves or denies the application for the urban lot split; or
2. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter.
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C. The Community Development Planning Director shall deny the urban lot split if either of the following is found:
1. The urban lot split fails to meet or perform one o fr more objective requirements imposed by the Subdivision Map Act or by this chapter. Any such requirement or condition shall be specified in a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant ; and/or
2. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
D. The Community Development Planning Director shall not reject an application solely because it proposes adjacent or connected structures , provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. 285
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E. The Planning Director shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right -of-way.
F.E. The Community DevelopmentPlanning Director shall not require the correction of nonconforming zoning conditions as a condition of approval of the uUrban lLot sSplit.
G.F. The Community Development Planning Director shall not require dedications of rights-of- way or the construction of offsite improvements for the parcels being created as a condition of approval of a parcel map for an urban lot split.
(Ord. 223 § 2, 2022)
§ 16.72.050. Conditions of Approval.
The City may require any of the following conditions when considering an application for a n urban lot split parcel map for an urban lot split :
A. Easements required for the provision of public services and facilities.
B. A requirement that the parcels have access to, provide access to, or adjoin the public right - of-way.
§ 16.72.0560. Performance StandardsUse and development requirements.
A. The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all of the following to be true:
1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.
2. The owner of the parcel intends to occupy one of the housing units as the owner’sir principal residence for a minimum of three years from the date of the approval of the urban lot split. Owner -occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.
3. The owner has not previously subdivided an adjacent parcel using an urban lot split.
4. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. "Acted in concert" means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.
A.B. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof constructed on a lot created under this chapter for a term that is of 30 days or less.
B.C. It shall be unlawful to use any dwelling unit constructed on a lot created under this chapter for any use other than a residential use.
D. New dwelling units constructed under this chapter shall be no more than 1,200 square feet in floor area.
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C.E. The City shall not be required to permit more than two dwelling units on a parcel created through the exercise of the authority contained within this Chapter. For the purposes of this subChaptersection, “dwelling unit” includes any primary means any dwelling unit , dwelling unit including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in subdivision (a) of Section 66313, or a junior accessory dwelling unit as defined in subdivision (d) of Section 66313.
D. Development of new dwelling units on any lot created under this chapter shall be subject to the requirements of Chapter 17.320 (Two-Unit Developments) herein and shall also comply with all applicable objective zoning requirements applicable to the subject parcels and any objective requirements in the City's residential design guidelines, as applicable. The standards described in this paragraph shall apply to all urban lot splits except where such standard directly conflicts with a provision of this chapter, or whether the applicant demonstrates that such zoning district standard or design standard would have the effect of the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet. (Ord. 223 § 2, 2022)
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Title 17
DEVELOPMENT CODE
Article I
General Provisions
Chapter 17.05
PURPOSE AND APPLICABILITY
§ 17.05.010. Title.
§ 17.05.020. Purpose and intent.
§ 17.05.030. Scope of regulations.
§ 17.05.040. Conflicting regulations.
§ 17.05.050. City to be held harmless.
Chapter 17.10
PLANNING AGENCY
§ 17.10.010. Title.
§ 17.10.020. City Council.
§ 17.10.030. Planning Commission.
§ 17.10.040. Planning Department.
Chapter 17.15
INTERPRETATION
§ 17.15.010. Purpose.
§ 17.15.020. Rules of interpretation.
Chapter 17.16
LEGAL NONCONFORMING
STRUCTURES AND USES
§ 17.16.010. Applicability and purpose.
§ 17.16.020. Generally.
§ 17.16.030. Continuation, transfer or
sale.
§ 17.16.040. Verification of
nonconforming structure or
use.
§ 17.16.050. Continuation of
nonconforming structures or
uses.
§ 17.16.060. Expansion of
nonconforming structures or
use.
§ 17.16.070. Changes to a conforming
use.
§ 17.16.080. Discontinuance of
nonconforming use.
§ 17.16.090. Exceptions.
§ 17.16.100. Minimum age
requirement—Exception.
§ 17.16.110. Nonconforming designation
restricted.
§ 17.16.120. Illegally existing
nonconforming uses, lots,
and structures.
Article II
Zoning Districts and Allowable Land Uses
Chapter 17.25
ESTABLISHMENT OF ZONES
§ 17.25.010. Purpose.
§ 17.25.020. List of zones.
§ 17.25.030. List of overlay zones.
§ 17.25.040. Zoning map established.
§ 17.25.050. Zone classification and
overlay zone boundaries.
§ 17.25.060. Uses allowed in zone
classifications.
§ 17.25.070. Commercial cannabis
activities and
noncommercial cannabis
cultivation.
§ 17.25.080. Industrial hemp cultivation.
Chapter 17.30
AGRICULTURE AND RURAL
RESIDENTIAL ZONES
§ 17.30.010. Purpose.
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WILDOMAR CODE
§ 17.30.020. Allowed uses and approval
requirements.
§ 17.30.030. Development standards.
Chapter 17.35
RESIDENTIAL ZONES
§ 17.35.010. Purpose.
§ 17.35.020. Allowed uses and approval
requirements.
§ 17.35.030. Development standards.
Chapter 17.36
COMMERCIAL AND MIXED-USE
ZONES
§ 17.36.010. Purpose.
§ 17.36.020. Allowed uses and approval
requirements.
§ 17.36.030. Development
standards—Commercial.
§ 17.36.040. Development
standards—Mixed use.
Chapter 17.45
MANUFACTURING/INDUSTRIAL AND
MEDICAL CENTER ZONES
§ 17.45.010. Purpose.
§ 17.45.020. Allowed uses and approval
requirements.
§ 17.45.030. Development standards.
Chapter 17.50
PUBLIC FACILITIES ZONE
§ 17.50.010. Purpose.
§ 17.50.020. Allowed uses and approval
requirements.
§ 17.50.030. Development standards.
Chapter 17.55
OPEN SPACE ZONE
§ 17.55.010. Purpose.
§ 17.55.020. Allowed uses and approval
requirements.
§ 17.55.030. Development standards.
Chapter 17.59
OVERLAY ZONES
§ 17.59.010. Purpose.
§ 17.59.020. (Reserved)
§ 17.59.030. Zone applicability.
§ 17.59.040. Historic and Downtown
District.
Article III
Land Use PermitsEntitlements and
Procedures
Chapter 17.60
GENERAL PLAN AND SPECIFIC
PLANS
§ 17.60.010. Adoption or amendment of
the General Plan.
§ 17.60.020. General Plan amendments.
§ 17.60.030. Findings.
§ 17.60.040. Specific plans.
§ 17.60.050. Applications for specific
plans.
§ 17.60.060. Public hearings, General
Plan amendments and
specific plans.
§ 17.60.070. Reports on conformity with
the General Plan.
Chapter 17.65
PLANNED RESIDENTIAL
DEVELOPMENTS
§ 17.65.010. Standards for planned
residential developments.
§ 17.65.020. General requirements for all
PRDs.
§ 17.65.030. Mandatory PRD contents.
§ 17.65.040. Standards applicable to all
PRDs.
§ 17.65.050. Special requirements for
age-restricted PRDs.
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Chapter 17.70
VARIANCE
§ 17.70.010. Purpose.
§ 17.70.020. Procedures.
§ 17.70.030. Required findings.
§ 17.70.040. Conditions of approval.
Chapter 17.75
DEVELOPMENT AGREEMENT
§ 17.75.010. Purpose.
§ 17.75.020. Applicability.
§ 17.75.030. Alterations.
Chapter 17.95
REASONABLE ACCOMMODATIONS
§ 17.95.010. Purpose.
§ 17.95.020. Applicability.
§ 17.95.030. Procedure.
§ 17.95.040. Review authority.
§ 17.95.050. Review.
§ 17.95.060. Approval findings.
§ 17.95.070. Conditions of approval.
Chapter 17.96
SIMILAR USE DETERMINATION
§ 17.75.040. Findings for approval. § 17.96.010. Purpose. § 17.75.050. Notice of decision. § 17.96.020. Applicability. § 17.75.060.
§ 17.75.070.
§ 17.75.080.
Effective date.
Required content.
Execution and recordation.
§ 17.96.030.
§ 17.96.040.
Application and required
fees.
Findings for approval.
§ 17.75.090. Periodic review—Violation
of agreement.
§ 17.96.050.
§ 17.96.060.
Notice of decision.
Effective date.
Chapter 17.76
CONDITIONAL USE PERMITS
§ 17.76.010. Purpose.
§ 17.76.020. Applicability.
§ 17.76.030. Application.
§ 17.76.040. Public notice and hearing.
§ 17.76.050. Required use permit
Findings for decision.
§ 17.76.060. Conditions of approval.
§17.76.070 Periodic Review.
§ 17.76.080. Permit to run with land .
§ 17.76.090. Existing conditional use.
§ 17.76.100. Modification, suspension, or
revocation.
Chapter 17.85
DEVELOPMENT REVIEW, MAJOR
§ 17.85.010. Purpose.
§ 17.85.020. Major dDevelopment
review.
Chapter 17.90
DEVELOPMENT REVIEW, MINOR
§ 17.90.010. Purpose.
§ 17.90.020. Minor development review.
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Chapter 17.105
TEMPORARY USE AND TEMPORARY
EVENTS PERMITS
§ 17.105.010. Purpose.
§ 17.105.020. Permit required.
§ 17.105.030. Temporary use regulations.
§ 17.105.040. Temporary event
regulations.
Chapter 17.110
PERMITS FOR HOME-BASED
BUSINESSES
§ 17.110.010. Purpose.
§ 17.110.020. Applicability.
§ 17.110.030. Development
standards—Home-based
business.
§ 17.110.040. Prohibited home-based
business.
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§ 17.110.050. Cottage food and
microenterprise home
kitchen operations.
§ 17.110.060. Application and required
fees.
§ 17.110.070. Approval authority.
§ 17.110.080. Findings for approval.
§ 17.110.090. Effective date.
§ 17.110.100. Expiration.
§ 17.110.110. Extension of time.
§ 17.110.120. Modifications.
§ 17.110.130. Transferability.
Chapter 17.115
SIGN PERMIT
§ 17.115.010. Purpose.
§ 17.115.020. Permit procedure.
Chapter 17.116
PRE-APPLICATION REVIEW (PAR)
PROCEDURES
§ 17.116.010. Purpose.
§ 17.116.020. Classifications.
§ 17.116.030. Applications.
§ 17.116.040. Procedures.
§ 17.116.050. Pre-application review
letter.
§ 17.116.060. Revisions.
Chapter 17.125
COMMON APPLICATION
PROCESSING PROCEDURES
§ 17.125.010. Purpose and applicability.
§ 17.125.020. Applications.
§ 17.125.030. Initiation of application.
§ 17.125.040. Determination of
completeness.
§ 17.125.050. Application review and
report.
§ 17.125.060. Withdrawal of application.
§ 17.125.070. Public hearing and notice.
§ 17.125.080. Public hearing procedure.
§ 17.125.090. Notice of decision.
§ 17.125.100. Approval authority.
§ 17.125.110. Appeals.
§ 17.125.120. Permit time limits,
expiration, and extensions.
§ 17.125.130. Modifications to previously
approved permits.
§ 17.125.140. Reapplications.
§ 17.125.150. Revocation of variances and
permits.
§ 17.125.160. Dedications and
improvements where no
subdivision is involved.
Chapter 17.130
AMENDMENTS TO PROJECTS
§ 17.130.010. Purpose and applicability.
§ 17.130.020. Consistency with original
approval.
§ 17.130.030. Referral.
Chapter 17.135
ZONING CLEARANCE AND
VERIFICATION LETTER
§ 17.135.010. Purpose and applicability.
§ 17.135.020. Application contents.
§ 17.135.030. Approving authority and
procedure.
§ 17.135.040. Notice and hearing.
Chapter 17.136
OBJECTIVE DESIGN STANDARDS
Chapter 17.145
DEVELOPMENT CODE AND ZONING
MAP AMENDMENTS
§ 17.145.010. Purpose.
§ 17.145.020. Approving authority.
§ 17.145.030. Initiation of amendment.
§ 17.145.040. Findings for development
code amendment.
§ 17.145.050. Conditions/restrictions.
§ 17.145.060. Prezoning.
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Article IV
Site Development Regulations and
Performance Standards
Chapter 17.150
GENERAL SITE REGULATIONS
§ 17.150.010. Purpose.
§ 17.150.020. Building height and
exceptions.
§ 17.150.030. Setback adjustments and
temporary use of land.
§ 17.150.040. Yard measurements.
§ 17.150.050. Fences, walls, and screens.
§ 17.150.060. Organic waste trash
enclosures.
§ 17.150.070. Swimming pools and spas.
Chapter 17.155
PARKING AND LOADING
§ 17.155.010. Purpose.
§ 17.155.020. Applicability.
§ 17.155.030. Parking design standards.
§ 17.155.040. Loading space
requirements.
§ 17.155.050. Parking for persons with
disabilities.
§ 17.155.060. Bicycle parking facilities.
§ 17.155.070. Recreational vehicle
regulations.
§ 17.155.080. Parking on private property
visible from the street.
Chapter 17.156
LANDSCAPING STANDARDS
§ 17.156.010. General landscaping
provisions.
Chapter 17.165
WATER EFFICIENT LANDSCAPES
§ 17.165.010. Purpose.
§ 17.165.020. Applicability.
§ 17.165.030. Exemptions.
§ 17.165.040. Landscape design plan.
§ 17.165.050. Landscape water use
standards.
§ 17.165.060. Implementation procedures.
§ 17.165.070. Water waste
prevention—Existing
landscaping.
§ 17.165.080. Delegation.
Chapter 17.170
LIGHT POLLUTION STANDARDS
Chapter 17.175
DENSITY BONUS
§ 17.175.010. Purpose.
§ 17.175.020. General density bonus
provisions.
§ 17.175.030. Incentives and concessions.
§ 17.175.040. Waiver or reduction of
development standards.
§ 17.175.050. Calculation of density
bonus.
§ 17.175.060. Additional density bonus
through donation of land.
§ 17.175.070. Additional density bonus or
concession or incentive
through provision of child
care facility.
§ 17.175.080. City's discretion in granting
density bonus.
§ 17.175.090. Parking requirements.
§ 17.175.100. Interpretation.
Chapter 17.176
SIGNS
§ 17.176.010. Purpose.
§ 17.176.020. General sign standards.
§ 17.176.030. Sign standards by type.
Chapter 17.185
ACCESSORY STRUCTURES
§ 17.185.010. Purpose.
§ 17.185.020. Applicability.
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§ 17.185.030. Relationship to existing
structures.
§ 17.185.040. Development standards.
§ 17.185.050. Permit requirements.
§ 17.185.060. Exceptions.
§ 17.185.070. Metal shipping containers.
Chapter 17.190
CLUSTER DEVELOPMENT
SUBDIVISIONS
§ 17.190.010. Purpose.
§ 17.190.020. Authorization.
§ 17.190.030. Applicability.
§ 17.190.040. Development standards.
Article V
Standards Related to Specific Uses
Chapter 17.195
ACCESSORY DWELLING UNITS
§ 17.195.010. Purpose.
§ 17.195.020. Applicability.
§ 17.195.030. Permits required for
construction.
§ 17.195.040. Application.
§ 17.195.050. Development standards for
accessory dwelling units.
§ 17.195.060. Supplemental development
standards for junior
accessory dwelling units.
§ 17.195.070. Ministerial approval.
§ 17.195.080. Prohibited areas.
§ 17.195.090. Notice of decision.
§ 17.195.100. Exception.
Chapter 17.196
TWO UNIT DEVELOPMENTS
§ 17.196.010. Purpose and Intent.
§ 17.196.020. Eligibility.
§ 17.196.030. Objective Standards.
§ 17.196.040. Filing, processing and action.
§ 17.196.050. Use requirements.
Chapter 17.1976
SPECIAL HOUSING TYPES
§ 17.1976.010. Purpose.
§ 17.1976.020. Transitional and supportive
housing.
§ 17.1976.030. Emergency shelters.
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§ 17.1976.040. Employee housing (for
farmworkers).
Chapter 17.205
LICENSED RESIDENTIAL
CARE FACILITIES
§ 17.205.010. Purpose.
§ 17.205.020. Development standards.
§ 17.205.030. Application procedures.
Chapter 17.210
MOBILE HOME PARKS
§ 17.210.010. Purpose.
§ 17.210.020. Permit required.
§ 17.210.030. Development standards.
Chapter
17.212
RECREATIONAL
VEHICLE (RV)
STORAGE IN
INDUSTRIAL AND
AGRICULTURE
AND RURAL
RESIDENTIA
L ZONES
§ 17.212.010. Purpose.
§ 17.212.020. Permit required.
§ 17.212.030. Development standards.
Chapter 17.221
CONVENIENCE STORES
§ 17.221.010. Purpose.
§ 17.221.020. Major and commercial
corridors
and freeway
off-ramps.
Chapter 17.225
ANIMAL KEEPING
§ 17.225.010. Purpose.
§ 17.225.020. Applicability.
§ 17.225.030. Keeping of
animals—Noncommercial.
§ 17.225.040. Keeping of animals —
Commercial.
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§ 17.225.050. Development and
operational standards.
§ 17.225.060. Applications.
§ 17.225.070. Animal grazing.
§ 17.225.080. Animal maturity.
§ 17.225.090. Residential beekeeping.
Chapter 17.230
FARMERS MARKETS
§ 17.230.010. Purpose.
§ 17.230.020. Development standards.
Chapter 17.235
ALCOHOLIC BEVERAGE SALES
§ 17.235.010. Purpose.
§ 17.235.020. Development standards.
§ 17.235.030. Additional development
requirements.
Chapter 17.236
CANNABIS
§ 17.236.010. Purpose.
§ 17.236.020. Relationship to other laws.
§ 17.236.030. Conditional use permit and
development agreement
required.
§ 17.236.040. Conditional use permit
application.
§ 17.236.050. Findings for approval of
conditional use permit.
§ 17.236.060. Locational requirements.
§ 17.236.070. Conditions of approval.
§ 17.236.080. Limitations on City's
liability.
§ 17.236.090. Inspections.
§ 17.236.100. Enforcement.
Chapter 17.245
WIRELESS COMMUNICATION
FACILITIES
§ 17.245.010. Purpose.
§ 17.245.020. Exclusions.
§ 17.245.030. Concealed wireless
communication facilities.
§ 17.245.040. Disguised wireless
communication facilities.
§ 17.245.050. Co-locations and
modifications to existing
wireless communication
facilities.
§ 17.245.060. Effect of location on public
property.
§ 17.245.070. Effect on encroachment
permit issuance.
§ 17.245.080. Processing
requirements—New, co -
location and modifications.
§ 17.245.090. Development standards.
§ 17.245.100. Abandoned sites.
Chapter 17.250
RECYCLING FACILITIES
§ 17.250.010. Purpose.
§ 17.250.020. Development standards.
Chapter 17.255
MINI-WAREHOUSES/SELF-STORAGE
FACILITIES
§ 17.255.010. Purpose.
§ 17.255.020. Permitted uses.
§ 17.255.030. Development/Performance
standards.
Chapter 17.256
RURAL EVENT VENUE
§ 17.256.010. Purpose.
§ 17.256.020. Rural event venue
application.
§ 17.256.030. Development and
operational standards.
§ 17.256.040. Inspections.
§ 17.256.050. Public nuisance.
§ 17.256.060. Violations and penalties,
enforcement.
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WILDOMAR CODE
§ 17.256.070. Denial, suspension, and
revocation of permits.
Article VI
Definitions
Chapter 17.265
UNIVERSAL DEFINITIONS
§ 17.265.010. Purpose.
§ 17.265.020. "A" Definitions.
§ 17.265.030. "B" Definitions.
§ 17.265.040. "C" Definitions.
§ 17.265.050. "D" Definitions.
§ 17.265.060. "E" Definitions.
§ 17.265.070. "F" Definitions.
§ 17.265.080. "G" Definitions.
§ 17.265.090. "H" Definitions.
§ 17.265.100. "I" Definitions.
§ 17.265.110. "J" Definitions.
§ 17.265.120. "K" Definitions.
§ 17.265.130. "L" Definitions.
§ 17.265.140. "M" Definitions.
§ 17.265.150. "N" Definitions.
§ 17.265.160. "O" Definitions.
§ 17.265.170. "P" Definitions.
§ 17.265.180. "Q" Definitions.
§ 17.265.190. "R" Definitions.
§ 17.265.200. "S" Definitions.
§ 17.265.210. "T" Definitions.
§ 17.265.220. "U" Definitions.
§ 17.265.230. "V" Definitions.
§ 17.265.240. "W" Definitions.
§ 17.265.250. "X" Definitions.
§ 17.265.260. "Y" Definitions.
§ 17.265.270. "Z" Definitions.
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§ 17.10.010 DEVELOPMENT CODE § 17.10.040
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CHAPTER 17.10
PLANNING AGENCY
§ 17.10.010. Title.
Pursuant to Section 65100 et seq. of the Government Code, the planning agency for the City shall consist of the City Council, the Planning Commission and the Planning Department. The planning agency shall perform all functions required by state law and thi s Title. (Ord. 247, 1/15/2025)
§ 17.10.020. City Council.
The City Council shall consist of five members elected in the manner provided by law. The Council shall perform the duties and functions specified by state law and this Title including, but not limited to, the duties related to legislative matters and the duties related to the appeal of quasi-judicial matters. The Council shall also perform those planning and zoning duties and functions which are not expressly delegated or reserved to another body or officer. (Ord. 247, 1/15/2025)
§ 17.10.030. Planning Commission.
The Planning Commission shall consist of five members appointed by the City Council and shall perform those planning and duties specified by state law or code including, but not limited to, the duties related to legislative matters and the duties related to quasi -judicial matters and appeals thereof.
(Ord. 247, 1/15/2025)
§ 17.10.040. Planning Divisionepartment.
The Planning Department Division under the direction of the Community Development Director shall provide technical and clerical assistance to the Planning Commission and shall perform functions related to planning, land use, zoning, and land divisions as may be required by state law, ordinance or order of the City Council. The Community Development Director has the authority to make certain decisions on land use permits and entitlements as identified in this Title. (Ord. 247, 1/15/2025)
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§ 17.16.010 DEVELOPMENT CODE § 17.16.030
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CHAPTER 17.16
LEGAL NONCONFORMING STRUCTURES AND USES
Prior History: Former Ch. 17.20 R-R-O Rural Residential, Outdoor Advertising Zone, compiled of RCC Ch. 17.20; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025.
§ 17.16.010. Applicability and purpose.
A. This chapter shall apply to all nonconforming structures and uses.
B. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re -establishment after discontinuance, and the alteration or restoration after destruction of the structures. More specificall y, the intent of this chapter is to:
1. Limit the number and extent of nonconforming structures by prohibiting their relocation, alteration, or enlargement in a manner that would increase the nonconformity.
2. Prohibit the restoration of nonconforming uses and structures after destruction.
3. Prohibiting the nonconforming use whenever the nonconforming use ceases for a period of at least one year.
(Ord. 247, 1/15/2025)
§ 17.16.020. Generally.
A. Any nonconforming structure or nonconforming use may be continued and maintained as provided in this chapter.
B. The following structures and uses shall be deemed nonconforming:
1. Any structure, the construction of which is incomplete at the time an amendment is adopted making the structure nonconforming, if:
a. A building permit has been legally issued for the structure; and b. Substantial construction has been performed on the site before the amendment making such structure nonconforming is adopted; and
c. The structure is completed in accordance with the plans and specifications upon which the building permit was issued.
2. Any use that is not yet established but for which an unexpired use permit or minor or major development permit was approved prior to the adoption of an amendment to Title 17, making such use nonconforming, so long as the use is established and maintained in accordance with any conditions of approval upon which the use permit or minor or major development permit was approved.
(Ord. 247, 1/15/2025)
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§ 17.30.010 DEVELOPMENT CODE § 17.30.020
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CHAPTER 17.30
AGRICULTURE AND RURAL RESIDENTIAL ZONES
§ 17.30.010. Purpose.
The purpose of this chapter is to establish agricultural and rural zones that provide appropriate locations for agricultural, rural mountainous, rural residential uses. These zones are consistent with and implement the City's General Plan land use designat ions, as shown in Table 17.25.020-
1. (Ord. 247, 1/15/2025)
§ 17.30.020. Allowed uses and approval requirements.
A. Allowed Uses Table. Table 17.30.020-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article VI, (Definitions), of this Title.
B. Approval Requirements.
1. Where indicated with a letter "P" the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.
2. Where indicated with a letter "C" the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).
3. Where indicated with a "—," the use is prohibited within the zone.
4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction o f the specified additional requirements. Under no circumstances shall authorize a use without satisfaction of such specified additional requirements.
C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination, consistent with Chapte r 17.100 (Similar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.
D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
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Table 17.30.020 -1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-A
R-M
R-R
Additional
Requirements
Agriculture Uses
Animal keeping,
non-commercial
P P P Section 17.225.030
Animal keeping,
commercial
P P P Section 17.225.040
Animal grazing P P P Section 17.225.070
Apiary (non-
commercial)
P P P
Commercial
breeding operations
C C C
Dairy farms C C C
Farm stand,
permanent as part of
the main use
P P P
Farm stand,
temporary
P P P
Feed and grain sales P P P
Field crops,
propagation, and
cultural purposes
P P P
Mink farms C C C
Livestock auction
and saleyards
C C C
Menageries C C C
Nurseries P P P
Orchards P P P
Outside storage of
materials in
conjunction with a
farm
P — —
Packaged dry
fertilizer storage, not
including processing
C C C
Pen fed cattle
operations
C C C
Residential Uses
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Table 17.30.020 -1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-A
R-M
R-R
Additional
Requirements
Accessory buildings P P P
Accessory dwelling
unit
P P P Chapter 17.195
Agricultural/
Farmworker housing
P P P
Dwelling, single-
family
P P P
Family daycare,
large
P P P
Family daycare,
small
P P P
Mobilehome park C C C
Planned residential
development
C C C
Residential care
facilities
P P P
Supportive housing P P P
Transitional housing P P P
Recreation and Community
Animal hospitals,
large and small
C C C
Fishing lakes,
commercial and
noncommercial
P P P
Fraternal lodges P P P
Hunting clubs — C —
Nursery schools for
preschool day care
and childcare
C C C
Picnic and
campgrounds
— P P
Public parks and
playgrounds
P CP CP
Recreational vehicle
parks
— C C
Religious institution P P P
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Table 17.30.020 -1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-A
R-M
R-R
Additional
Requirements
Schools, private P P P
Sports and
recreational facilities
(including tennis,
polo clubs, archery
ranges, athletic
fields, golf driving
ranges, miniature
golf, skating rinks
and commercial
swimming pools
— C C
Business Operations and Services Uses
Antique stores — C C
Arts, crafts and curio
stores
— P P
Bakery shops,
including baking
only when incidental
to retail sales on the
premises
— P P
Barber shops and
beauty shops
— P P
Bed and breakfast
lodging
— — C Chapter 17.260
Cemetery, pet or
human
— C C
Commercial
fairgrounds
— C C
Commercial stables
and riding academies
C C C
Community center — — C Chapter 17.260
Commercial event
center
— — C Chapter 17.260
Rural events center — — C Chapter 17.260
Equipment rental
services
— C C
Events & Uses,
Temporary
P P P Chapter 17.105
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§ 17.30.020 DEVELOPMENT CODE § 17.30.020
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Table 17.30.020 -1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-A
R-M
R-R
Additional
Requirements
Feed and grain sales — C C
Food, meat, poultry
and produce markets
— C C
Fruit and vegetable
packing plants and
similar uses
— C C
Garden supply stores — P P
Golf courses (public
or private), including
clubhouses; Driving
ranges (as part of
golf course or
separate)
C C C
Guest ranches — P P
Hardware stores — C C
Home based
business
P P P Chapter 17.110
Lumber production
of a commercial
nature, including
commercial logging
or commercial
development of
timber and lumber
mills
— C C
Nonprofit clubs and
social lodge halls
C C C
Outdoor film studios — C C
Pet shops and pet
supply shops
— P P
Racetracks, horses
only
— C C
Radio broadcasting
stations
— P P
Real Estate Offices,
temporary with
associated
subdivision tract
P P P
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§ 17.30.020 WILDOMAR CODE § 17.30.030
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Table 17.30.020 -1: Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-A
R-M
R-R
Additional
Requirements
Refreshment stand,
permanent
C C C
Restaurants and
other eating
establishments
— C C
Retail pharmacies — C C
Rifle, pistol, skeet,
or trapshooting
ranges
— C C
Rodeo arenas — C C
RV and boat storage
(excludes mini
storage)
C C C
Television
broadcasting
stations, antennas,
and cable
installations, and
microwave relay
stations.
— C C
Trail bike parks C C C
Water works
facilities, for
production and
distribution of water
for irrigation
purposes
— C C
Winery, with on-site
vineyard
P P P
E. Overlay Zones. Allowable uses are subject to any provisions applicable to overlay zones established by Chapter 17.25.
(Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)
§ 17.30.030. Development standards.
The development standards listed below are the minimum standards for development within the respective zones.
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§ 17.30.030 DEVELOPMENT CODE § 17.30.030
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Table 17.30.030 -1: Agricultural and Rural Residential Zones - Development Standards Development Standards R-A R-M R-R
Lot Dimensions (Minimum)
Lot Size 21,780 sf (1/2 acre) 10 acres 21,780 sf (1/2 acre) Lot Width 80 ft 100 ft 80 ft
Lot Width - Flag Lot 20 ft 20 ft —
Lot Depth 100 ft
3 100 ft
3 100 ft
Frontage 100 ft 100 ft —
Frontage for flag lot 60 ft 60 ft —
Frontage for a cul-de-sac
or knuckle
40 ft 40 ft —
Setbacks
Front Yard 20 ft 20 ft 20 ft
Side Yard - Corner 10 ft/where the lot is less
than 50 feet wide the yard
need not exceed 20% of
the width of the lot.
10 ft 10 ft (where the lots 70
feet in width or greater; if
the width of the lot is less
than 70 feet, a minimum of
5 feet is necessary.)
Side Yard - Interior 10%/Not less than 3 feet in
width in any event and
need not exceed a width of
5 feet.
10%/Not less than 3 feet in
width in any event and
need not exceed a width of
5 feet.
5 ft (where the lots 70 feet
in width or greater; if the
width of the lot is less than
70 feet, a minimum of 5
feet is necessary.)
Side Yard - Street 10 ft 10 ft 10 ft
Rear Yard 10 ft 10 ft 20 ft/
(Not less than 10 feet for a
detached accessory
building on the same lot.)
Height
Primary Building (ft) 40 ft 40 ft 40 ft
When any zone
classification provides that
an application for a greater
height limit may be made
pursuant to Section
17.150.020.
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§ 17.30.030 WILDOMAR CODE § 17.30.030
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Table 17.30.030 -1: Agricultural and Rural Residential Zones - Development Standards Development Standards R-A R-M R-R
Building shall not exceed
75 feet in height or any
other structure exceed 105
feet in height, unless a
variance is approved
pursuant to Chapter 17.70.
Other
Encroachments No structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 17.150.040.
Parking Refer to Chapter 17.155.
Maximum Lot Coverage 50% 50% —
Density Established by the Wildomar General Plan Land Use Designation. (Ord. 247, 1/15/2025)
307
City of Wildomar, CA
§ 17.35.010 DEVELOPMENT CODE § 17.35.020
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CHAPTER 17.35
RESIDENTIAL ZONES
§ 17.35.010. Purpose.
The purpose of this chapter is to establish residential districts in the City that provide appropriate locations for low density residential, medium density residential, and high density residential.
These zones are consistent with and implement the City's General Plan land use designations, as shown in Table 17.25.020 -1.
(Ord. 247, 1/15/2025)
§ 17.35.020. Allowed uses and approval requirements.
A. Allowed Uses Table. Table 17.35.020-1 identifies allowed uses and corresponding approval requirements for the residential zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article VI, (Definitions), of this Title.
B. Approval Requirements.
1. Where indicated with a letter "P" the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.
2. Where indicated with a letter "C" the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).
3. Where indicated with a "—," the use is prohibited within the zone.
4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction o f the specified additional requirements. Under no circumstances shall Table 17.35.020 -1 authorize a use without satisfaction of such specified additional requirements.
C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination, consistent with Chapte r 17.100 (Similar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.
D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
308
City of Wildomar, CA
§ 17.35.020 WILDOMAR CODE § 17.35.020
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Table 17.35.020 -1: Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-1
R-2
R-3
R-4
R-T
Additional
Requirements
Agricultural Uses
Animal keeping,
noncommercial
P P P P P Section
17.225.030
Animal keeping,
commercial
P P P P — Section
17.225.040
Animal grazing Section
17.225.070
Field crops,
propagation, and
culture purposes
P P P P P
Residential Uses
Accessory
buildings
P P P P P
Accessory
dwelling units
P P P P P Chapter
17.195
Boarding,
rooming and
lodging houses
— — P P —
Congregate care
residential
facilities
— C C C — Chapter
17.205
Dwelling,
single-family
P P — — P
Dwelling,
multiple family
— P P P —
Family daycare,
large
P P P P P
Family daycare,
small
P P P P P
Agricultural/
farmworker
housing
P P P P P Section
17.200.040
Mobile home
parks and
mobile home
subdivisions
— P P — C Chapter
17.210
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City of Wildomar, CA
§ 17.35.020 DEVELOPMENT CODE § 17.35.020
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Table 17.35.020 -1: Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-1
R-2
R-3
R-4
R-T
Additional
Requirements
Planned
residential
developments
C C C C —
Residential care
facilities
P P P P P Chapter
17.205
Supportive
housing
P P P P P Section
17.200.020
Transitional
housing
P P P P P Section
17.200.020
Recreation, Education, and Public Uses
Community
recreation
facilities, as part
of the
subdivision
development
P P P P P
Educational
institutions,
P P P P —
Fraternity and
sorority houses
— P P P —
Libraries,
museums, post
office, art
galleries
— P P P —
Nursery schools
for preschool
day care and
childcare
— C C C —
Private schools P — — — —
Religious
institutions
P —P —P —P —P
Business Operations and Service Uses
Home based
business
P P P P P Chapter
17.110
Nonprofit clubs
and social lodge
halls
— C C C —
310
City of Wildomar, CA
§ 17.35.020 WILDOMAR CODE § 17.35.030
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Table 17.35.020 -1: Residential Zones - Allowed Uses and Approval Requirements
Allowed Use
R-1
R-2
R-3
R-4
R-T
Additional
Requirements
Parking lots and
parking
structures
— — P P P Chapter
17.155
Public parks and
public
playgrounds,
golf courses
with standard
length fairways,
and county
clubs
P P P P —
Real estate
offices,
temporary with
associated
subdivision tract
P P P P P
Personal RV
and boat storage
areas as part of
an approved
mobilehome
park
— — — — C
E. Overlay Zones. Allowable uses are subject to any provisions applicable to overlay zones established by Chapter 17.25.
(Ord. 247, 1/15/2025; Ord. 253, 9/10/2025)
§ 17.35.030. Development standards.
The development standards listed below are the minimum standards for development within the respective zones.
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City of Wildomar, CA
§ 17.35.030 DEVELOPMENT CODE § 17.35.030
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Table 17.35.030 -1 Residential Zones Development Standards Development
Standards
R-1
R-2
R-3
R-4
R-T
Lot Dimensions (Minimum)
Lot Size
No structural
encroachments shall
be permitted in the
front, side or rear
yard except as
provided for in
Section 17.150.040
7,200 sf 7,200 sf 7,200 sf 7,200 sf Minimum lot
size of 3,600
square feet, with
a minimum
average width of
40 feet and a
minimum
frontage of not
less than 30 feet,
if community
open areas or
recreational
facilities or a
combination
thereof, are
developed as a
part of the
subdivision.
Lot Width 60 ft 60 ft 60 ft 60 ft 60 ft/40 ft
Lot Width - flag lot 20 ft — — — Access strip to a
street not less
than 20 feet
wide and not
exceeding 150
feet in length.
Lot Depth 120 ft 120 ft 120 ft 120 ft 100 ft
Frontage 60 ft 60 ft — — 45 ft/30 ft
Frontage for flag lot 60 ft — — — —
Frontage for a cul-
de-sac or knuckle
35 ft 35 ft
Setbacks (Minimum)
Front Yard 20 ft 20 feet for the
first story, and
25 feet for two-
stories and
above.
20 feet for the
first story, and
25 feet for two-
stories and
above.
20 feet for the
first story, and
25 feet for two-
stories and
above.
20 ft/may be
reduced on
interior streets
to 10 feet if
community
recreation areas
are developed as
a part of the
subdivision.
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City of Wildomar, CA
§ 17.35.030 WILDOMAR CODE § 17.35.030
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Table 17.35.030 -1 Residential Zones Development Standards Development
Standards
R-1
R-2
R-3
R-4
R-T
Side Yard - Corner 10 ft/where the
lot is less than
50 feet wide the
yard need not
exceed 20% of
the width of the
lot.
10 ft/where the
lot is less than
50 feet wide the
yard need not
exceed 20% of
the width of the
lot.
15 ft 15 ft —
Side Yard - Interior 10%/Not less
than 3 feet in
width in any
event and need
not exceed a
width of 5 feet.
10%/Not less
than 3 feet in
width in any
event and need
not exceed a
width of 5 feet.
15 ft 15 ft 5 ft
Side Yard - Street 10 ft 15 ft 15 ft 15 ft 10 ft
Rear Yard 10 ft 15 ft/20 ft if
building or
structure is
adjacent to a
single-family
residential zone.
15 ft/20 ft if
building or
structure is
adjacent to a
single-family
residential zone.
15 ft/20 ft if
building or
structure is
adjacent to a
single-family
residential zone.
5 ft
Building Separation 7 ft. 10 ft 10 ft 10 ft —
Height (Maximum)
Primary Building (ft) 40 ft 40 ft 50 ft 50 ft 40 ft
Other
Encroachments No structural
encroachments
shall be
permitted in the
front, side or
rear yard except
as provided for
in Section
17.150.040.
— 2:1 FAR 2:1 FAR No structural
encroachments
shall be
permitted in the
front, side or
rear yard except
as provided for
in Section
17.150.040.
Parking Automobile
storage space
shall be
provided as
required by
Chapter 17.155.
On-street
parking shall not
count towards
meeting this
requirement.
On-street
parking shall not
count towards
meeting this
requirement.
—
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§ 17.35.030 DEVELOPMENT CODE § 17.35.030
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Table 17.35.030 -1 Residential Zones Development Standards Development
Standards
R-1
R-2
R-3
R-4
R-T
Maximum Lot
Coverage
40% 40% 50% 50% 40%
Density Established by the General Plan Land Use Designation. (Ord. 247, 1/15/2025)
314
City of Wildomar, CA
§ 17.36.010 DEVELOPMENT CODE § 17.36.020
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CHAPTER 17.36
COMMERCIAL AND MIXED-USE ZONES
Prior History: Former Ch. 17.40 R -2A Limited Multiple -Family Dwelling Zone, compiled of RCC Ch. 17.40; Ord. 18 § 2, 2008; Ord. 87 § 10, 2014; Ord. 189 § 8, 2020; repealed by Ord. 247, 1/15/2025.
§ 17.36.010. Purpose.
The purpose of this chapter is to establish residential districts in the City that provide appropriate locations for commercial and mixed -use developments. These zones are consistent with and implement the City's General Plan land use designations, as shown in Table 17.40.020 -1. (Ord. 247, 1/15/2025)
§ 17.36.020. Allowed uses and approval requirements.
A. Allowed Uses Table. Table 17.40.020-1 identifies allowed uses and corresponding approval requirements for the commercial and mixed -use subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be f ound in Article 6, (Definitions), of this Title.
B. Approval Requirements.
1. Where indicated with a letter "P" the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.
2. Where indicated with a letter "C" the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).
3. Where indicated with a "—," the use is prohibited within the zone.
4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction o f the specified additional requirements. Under no circumstances shall Table 17.40.020 -1 authorize a use without satisfaction of such specified additional requirements.
C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may make a determination, consistent with Chapte r 17.100 (Similar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.
D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
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City of Wildomar, CA
§ 17.36.020 DEVELOPMENT CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Automotive and Vehicular Uses
Automobile repair
garages
C C C C
Automobile parts
and supply stores
P P P P
Automobile sales
and rental agencies,
including travel
trailers,
mobilehomes and
recreational vehicles
sales
P P P P
Automobile service
stations, with or
without concurrent
sale of beer and
wine
1 — — — — Note applies
Bicycle sales and
rentals
P P P P
Boat and other
marine sales, rentals
and services
C P P P
Car washes, of any
kind
1 — — — — Note applies
Golf cart sales and
service
P P P P
Fuel station
1 — — — — Note applies
Mobilehome sales
and storage, trailer
sales and rental
house trailers
C P P P
Parking lots and
parking structures
P P P P Chapter 17.155
Recreational vehicle
and boat storage
1 — — — — Note applies
Chapter 17.220
and Section
17.155.070
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§ 17.36.020 WILDOMAR CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Sale, rental, repair or
demonstration of
motorcycles,
scooters or
motorbikes, and the
like.
C P P P
Tire sales and
service, recapping
prohibited
C C C C
Large truck, bus,
farm equipment, and
trailer service
C C C C
Large truck, bus,
farm equipment, and
trailer sales
P P P P
Entertainment
Art gallery, library,
reading room,
museum
P P P P
Auditoriums and
conference rooms
P P P P
Billiard and pool
halls, with or without
alcohol sales
C C C C
Bowling alleys P P P P
Day spas (facials,
waxing, skin
treatments, and
similar services not
including massage)
P P P P
Game arcades
(including Internet
gaming)
P P P P
Roller/ice rink P P P P
Assembly halls C C C C
Drive-in theaters C C C C
Health and exercise
centers
C C C C
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§ 17.36.020 DEVELOPMENT CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Sports and
recreational facilities
(indoor)
P P P P
Sports and
recreational facilities
(outdoor)
C C C C
Vendor Fair/Open-
Air Market Event
P P P P Chapter 17.105
Movie theaters, not
including drive-ins
C C C C
Tourist information
centers
P P P P
Events & Uses,
Temporary
P P P P Chapter 17.105
Food Sales and Restaurants
Bakery goods
distributors
P P P P
Bakery shops P P P P
Bars and cocktail
lounges
C C C C Chapter 17.235
Catering services P P P P
Drive-through
restaurants/eating
establishments
C C C C
Microbrewery P P P P
Brewery P P P P
Winery P P P P
Distillery P P P P
Confectionery or
candy stores
P P P P
Delicatessens P P P P
Food markets and
frozen food lockers
P P P P
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§ 17.36.020 WILDOMAR CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Grocery stores,
produce markets, dry
goods, health food,
and variety stores
P P P P
Ice cream shops P P P P
Liquor stores P P P P Chapter 17.235
Meat and poultry
markets, not
including
slaughtering or live
sales
P P P P
Refreshment stands,
temporary
P P P P Chapter 17.105
Restaurants and
other eating
establishments, with
or without alcohol
sales (not including
drive through)
P P P P
Medical Uses
Ambulance services C C C C
Animal hospitals
(with boarding
facilities)
C C C C
Health clinics and
offices , all kinds
P P P P
Congregate care
residential facilities
C C C C
Drug stores P P P P
Mortuaries C C C C
Pharmacies P P P P
Urgent care clinics C C C C
Veterinary medical
clinics (no boarding)
P P P P
Retail
Antique shops P P P P
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§ 17.36.020 DEVELOPMENT CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Appliance stores,
household
P P P P
Art supply shops and
studios
P P P P
Book stores, not
including adult stores
P P P P
Building materials
sales yards
C C C C
Cannabis retailers C C C C Chapter 17.240
Ceramic sales and
manufacturing for
on-site sales
P P P P
Clothing stores P P P P
Clothing, shoe, shoe
repair and leather
goods stores
P P P P
Convenience stores,
including the sale of
motor vehicle fuel
1 — — — — Note applies
Convenience stores,
not including the sale
of motor vehicle fuel
C C C C Chapter 17.221
Department stores P P P P
Mercantile and feed
stores
P P P P
Florists' shops P P P P
Gift shops, antique,
curio, and art supply
shops
P P P P
Hardware stores P P P P
Hobby shops P P P P
Household goods
sales (i.e., furniture
stores)
P P P P
Ice sales, not
including ice plants
P P P P
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§ 17.36.020 WILDOMAR CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Interior decorating
shops
P P P P
Jewelry stores,
including incidental
repairs
P P P P
Leather goods stores P P P P
Lumber yards, sales
only
C C C— C—
Mail order
businesses
P P P P
Music stores P P P P
News stores P P P P
Notions or novelty
stores, excluding
adultporn shops
P P P P
Nurseries and garden
supply stores
P P P P
Paint and wallpaper
stores, retail only
P P P P
Pawn shops P P P P
Pet and pet supply
shops
P P P P
Plumbing, electrical
shops, etc., sales only
P P P P
Shoe stores and
repair shops
P P P P
Sporting equipment,
gun, bait and tackle,
and equestrian shops
P P P P
Stationery stores P P P P
Swap meets —C —C —C —C
Tobacco retailing
businesses, hookah
lounges and vapor
lounges
C C C C
Toy shops, excluding
pornadult shops
P P P P
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§ 17.36.020 DEVELOPMENT CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Small equipment
sales and rental,
including incidental
repairs
P P P P
Wholesale
businesses with
samples on the
premises but not
including storage
P P P P
Professional and Personal Services
Auction houses P N/A N/A N/A
Administrative and
professional offices
including business,
law, medical, dental,
chiropractic,
architectural,
engineering,
community planning,
real estate, etc.
P P P P
Banks and financial
institutions
P P P P
Employment
agencies
P P P P
Laboratories, film,
dental, medical,
research or testing
P P P P
Real estate sales
offices
P P P P
Barber and beauty
shops
P P P P
Blueprint and
duplicating services
P P P P
Child day care
centers
C C C C
Cleaning and dyeing
shops
P P P P
Costume design
studios
P P P P
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§ 17.36.020 WILDOMAR CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Equipment sale and
rental yards and
services
C C C C
Fortune telling,
spiritualism, or
similar activity
P P P P
Laundries and
laundromats
P P —P —P
Dry cleaning shops P P —P —P
Locksmith shops P P P P
Massage parlors,
Turkish baths, health
centers and similar
personal service
establishments
P P P P Chapter 5.36
Photography shops
and studios and
photo engraving
P P P P
Post offices, private
and USPS
P P P P
Printers or publishers P P P P
Recording studios P P P P
Nail/manicure shop P P P P
Stained glass
assembly
P P P P
Studios for
professional work in
or teaching of any
form of fine arts,
P P P P
Tailor shops P P P P
Travel agencies P P P P
Watch repair shops P P P P
Religious, Educational, Labor, and Congregational Uses Churches, temples,
and other places of
religious worship
C C —C —C
Libraries P P P P
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§ 17.36.020 DEVELOPMENT CODE § 17.36.020
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Table 17.40.020 -1: Commercial and Mixed-Use Zones - Allowed Uses and Approval Requirements
Allowed Use
C-G
C-H
MUL
MUH
Additional
Requirements
Fraternal lodges,
assembly and
community halls
P P P P
Schools, business
and professional,
private
C C C C
Hospitality
Bed and breakfast
uses
P P P P Chapter 17.260
Hotels, resort hotels
and motels
P P P P
Public Services and Utilities
Bus stations,
including taxi and
rail
P P P P
Underground bulk
fuel storage
C C C C
Heliports C C C C
Residential Uses
Accessory dwelling
unit
P — P P Chapter 17.195
Mobilehomes P — — —
Dwelling,
multifamily
— — P P
Supportive housing — — P P Section
17.200.020
Transitional housing — — P P Section
17.200.020
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City of Wildomar, CA
§ 17.45.010 DEVELOPMENT CODE § 17.45.020
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CHAPTER 17.45
MANUFACTURING/INDUSTRIAL AND MEDICAL CENTER ZONES
§ 17.45.010. Purpose.
The purpose of this chapter is to establish districts in the city that provide appropriate locations for manufacturing, industrial, medical center uses, as well as related service and commercial uses.
These zones are consistent with and implement the City' s General Plan land use designations, as shown in Table 17.45.020 -1.
(Ord. 247, 1/15/2025)
§ 17.45.020. Allowed uses and approval requirements.
A. Allowed Uses Table. Table 17.45.020-1 identifies allowed uses and corresponding approval requirements for the manufacturing/industrial and medical center zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article VI, (Definitions) of this Title.
B. Approval Requirements.
1. Where indicated with a letter "P" the use shall be a permitted use by right, and subject to compliance with all applicable provisions of this Title.
2. Where indicated with a letter "C" the use shall be conditionally permitted subject to the approval of a conditional use permit, described in Chapter 17.80 (Conditional Use Permits).
3. Where indicated with a "—," the use is prohibited within the zone.
4. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this Title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction o f the specified additional requirements. Under no circumstances shall Table 17.45.020 -1 authorize a use without satisfaction of such specified additional requirements.
C. Unlisted Uses. The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Community Development Director or designee appointed by the City Manager may decide, consistent with Chapter 17.100 (Simi lar Use Determination), that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.
D. Uses on Vacant Lots. A Minor or Major Development Review is required for approval when a permitted or conditionally permitted use is proposed for a vacant lot. A Minor or Major Development Review is not required for approval when a permitted or conditionally permitted use is proposed for an existing building.
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
SERVICE, SOCIAL, AND COMMERCIAL USES
Assisted Living/skilled
nursing facilities
C C
Banks and financial
institutions
P P
Barber and beauty shops P —
Blueprint and duplicating
services
P —
Child care center C C
Churches, temples or other
structures used primarily
for religious worship
C —
Day care centers C —
Drive-in theaters C —
Drug stores (with drive-
through facilities)
P P
Emergency shelters P — Section 17.200.030
Equipment sales, rental
and storage
P —
Feed and grain sales P —
Florist shops or gift shops P P
Gyms and health clubs C P
Hardware and home
improvement center
P —
Health and exercise
centers
P —
Hospitals and medical
centers
C P
Hotels P P
Hunting clubs, skeet, trap,
rifle and pistol ranges
(indoor only)
P —
Indoor sports and
recreation facilities
P —
Kennels and Catteries P — Chapter 17.225 and Section
6.16.050
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Mobilehome sales lots C —
Nurseries and garden
supply stores
P —
Office equipment sales and
service
P —
Offices, professional sales
and service, including
business, law, medical,
dental, chiropractic,
architectural and
engineering.
P P
Parcel delivery services P —
Pharmacies P P
Professional offices,
including medical, dental,
chiropractic, etc.
P —
Restaurants and other
eating establishments
P P
Sex-oriented businesses C — Chapter 5.40
Telephone exchanges and
switching equipment (only
in an enclosed building)
P —
Urgent care clinics C C
MANUFACTURING/SERVICE COMMERCIAL
Beverages, including
alcoholic beverages
P —
Cannabis cultivation,
manufacturing,
distribution, and testing
laboratories
— — Chapter 17.240
Canning and preserving
fruits and vegetables
P —
Containers, boxes, and
crates
P —
Cutlery, tableware, hand
tools, and hardware
P —
Dairy products P —
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Furniture products and
fixtures including cabinets,
partitions, and similar
items
P —
Glassblowing, pressing,
cutting, and other
glassware products
P —
Grain and bakery products P —
Ice P —
Jewelry P —
Handbags, luggage,
footwear, and other
personal leather goods
P —
Leather, tanning and
finishing
C —
Measuring devices,
watches, clocks and related
items
P —
Meat and poultry products,
not including meat packing
or slaughtering
P —
Meat packing or
slaughtering
C —
Musical and recording
equipment
P —
Office and computing
machine manufacture,
repair and sales
P —
Soaps, cleaners and
toiletries
C —
Sugar and confectionery
products
P —
Wearing apparel and
accessory products
P —
Wineries, distilleries and
breweries, including
microbreweries and similar
P —
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
RESEARCH AND DEVELOPMENT
Laboratories, medical,
research or testing centers
P P
Manufacture, assembly,
testing and repair of
components, devices,
equipment and systems of
an electrical, electronic, or
electromechanical nature
P —
Manufacture and repair of
engineering, scientific and
medical instrumentation
P —
Medical instruments,
supplies, and equipment
P —
Office and computing
machines manufacture,
repair and sales
P —
Optical goods, medical
instruments, supplies, and
equipment and
photography equipment
P —
Pharmaceutical research
and manufacture
P —
STORAGE
Building movers storage
yard
P —
Cold storage facilities C —
Cold storage plant P —
Contractor storage yards P —
Industrial warehousing and
distribution (not to exceed
50,000 sf)
C —
Mini-warehouse /storage
facilities
C — Chapter 17.255
Petroleum and bulk fuel
storage
C —
AUTOMOTIVE
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Automobile service
stations, with or without
concurrent sale of beer and
wine for off -premises
consumption
1 C — Note applies
Body and fender shops,
and spray painting
C —
Car and truck washes C —
Draying, freighting and
trucking operations
C —
Gasoline and diesel service
stations, not including the
concurrent sale of beer and
wine for off -premises
consumption
1 — — Note applies
Motorcycles, bicycles and
parts manufacture
P —
Parking lots and parking
structures
P P Chapter 17.155
Recreational vehicle and
travel trailer
manufacturing (with on-
site sales)
P —
Recreational vehicle and C
travel trailer manufacturing
(without on-site sales)
Recreational vehicle,
travel trailer, and boat
storage within an enclosed
building
C — Chapter 17.220 and
Section 17.155.070
Truck and trailer sales and
rental
C —
Vehicle and motorcycle
repair shops
C —
Vehicle storage and
impoundment
C —
Vehicles, aircraft, boats
and parts manufacture
P —
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
MANUFACTURING AND INDUSTRIAL USES
Chemicals and Synthetic Products:
Agricultural chemicals, not
including pesticides and
fertilizers
C —
Fabrication of rubber,
plastic, and synthetic
products
P —
Organic and inorganic
compounds, not including
those of a hazardous nature
P —
Paints and varnishes, and
manufacturing and
incidental storage
C —
Lumber, wood, and paper products:
Cotton ginning P —
Cotton, wood, and
synthetic weaving and
finishing mills
C —
Fabricated wood buildings
and structures
P —
Fabrication of
manufactured housing and
mobilehomes
P —
Fabrication of wood
buildings and structures
P —
Floor covering mills P —
Knitting mills P —
Lumber yards P —
Paper and paperboard
mills
P —
Paper shredding P —
Paper storage and
recycling, not within a
building
P —
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Printing and publishing of
newspapers, periodicals,
books, forms, cards, and
similar items
P —
Saw and plaining mills C —
Yarn and thread mills P —
Stone and Concrete Products:
Concrete batch plants and
asphalt plants
P —
Manufacture of concrete,
gypsum, plaster and
mineral products
P —
Rock crushing plants,
aggregate washing,
screening and drying
facilities and equipment,
and concrete batching
plants;
C —
Sand blasting P —
Stone cutting and related
activities
P —
Metal, Machinery, and Electrical Products:
Appliance manufacture
and repair
P —
Blast furnaces P —
Cans and containers P —
Casting, smelting,
stamping, and forging
metals
P —
Control devices and
gauges
P —
Electrical and electronic
apparatus and components
P —
Engines, turbines and parts P —
Fabrication of metal
buildings
P —
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Farm, garden construction,
and industrial machinery
P —
Fencing P —
Foundries P —
Lighting and wiring P —
Lighting fixtures and
supplies
P —
Machine, welding and
blacksmith shops
P —
Manufacture of ordinance
and firearms, not including
explosives
P —
Plumbing and heating
items
P —
Refrigeration and heating
equipment
P —
Rolling and drawing
metals
P —
Smelting metal and
foundries
P —
Tires and tubes P —
Wrought iron fabrication P —
UTILITIES, TRANSPORTATION, COMMUNICATION, AND PUBLIC SERVICES Aviation facilities/
heliports
C C
Cemeteries, crematories
and mausoleums
C —
Communications and
microwave installations
P —
Disguised wireless
facilities
P P Chapter 17.245
Electric and gas
distribution, transmission
substations, battery energy
storage, telephone, and
microwave
C —
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Table 17.45.020 -1: Manufacturing/Industrial and Medical Center Zones - Allowed Uses and Approval Requirements
Allowed Use M-I M-C Additional Requirements
Fire and police stations P —
Gas, steam, and oil drilling
operations
C —
Meteorological towers P —
Post offices P —
Natural gas, above ground
storage
C —
Radio, television and
communications
equipment
P —
Public utility substations
and storage buildings
C —
Public utility substations
and storage yards
P —
Railroad yards and stations P —
Recycling collection
facilities
C —
Recycling of wood, metal
and construction wastes
C —
Recycling processing
facilities
C —
Sewage sludge/organic
waste composting facilities
C —
Sewage treatment plants C —
Utilities, both public and
private
C —
Water well and any use
appurtenant to the storage
and distribution of water
P —
Water works facilities,
both public and private
C —
Water and gas company
service facilities
P —
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§ 17.60.010 DEVELOPMENT CODE § 17.60.020
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Article III
EntitlementsLand Use Permits And Procedures
CHAPTER 17.60
GENERAL PLAN AND SPECIFIC PLANS
Prior History: Former Ch. 17.60 R -4 Planned Residential Zone, compiled of RCC Ch. 17.60; Ord. 18 § 2, 2008; Ord. 87 §§ 16, 17, 2014; Ord. 99 § 3, 2015; Ord. 189 § 13, 2020; repealed by Ord. 247, 1/15/2025.
§ 17.60.010. Adoption or amendment of the General Plan.
A. The City of Wildomar General Plan, or any part or element thereof, and any amendment to the Plan or any part or element thereof, shall be adopted in accordance with the provisions of Section 65300 et seq. of the Government Code, as now written or hereafter amended, and this chapter. No mandatory element of the General Plan shall be amended more frequently than four times during any calendar year, unless otherwise allowed by Section 65358 of the Government Code. There are no restrictions on the number of amendments made to optional elements or Specific Plans during any calendar year. Subject to that limitation, an amendment may be adopted at any time, as determined by the City Council. Each amendment may include more than one change to the General Plan.
B. General Plan Initiation Process (GPIP). Prior to any formal application request to initiate an amendment to the General Plan by an owner of real property (or a person authorized by the owner), the planning department shall bring forward such request as part of a GPIP Pre - Application Review (PAR) review. The GPIP request shall require Planning Commission review and consideration at a public meeting followed up by a recommendation t o the City Council. The City Council shall then consider at a public meeting the Planning Commission's recommendation on such General Plan amendment, and provide necessary feed back to an applicant, including any applicable planning department feedback. Upon conclusion of the process, the City Council shall adopt an order by the affirmative vote of not less than a majority of the entire membership of the Council initiating proceedings for a General Plan amendment. The initiation of proceedings by the City Council for the amendment of the General Plan, or any part or e lement thereof, however, shall not imply any such formal General Plan amendment will be approved.
C.B. General Plan Consistency. No discretionary permit shall be approved pursuant to this Title unless it is determined that the permit is consistent with the General Plan. (Ord. 247, 1/15/2025)
§ 17.60.020. General Plan amendments.
A. Applicability. This section shall govern the processing of any General Plan Amendment by an owner of real property (or a person authorized by the owner), B. Initiation of Amendment Proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the City Council, adopted by the affirmative vote of not less than a majority of the entire membership of the Council. T he adoption of an order by the Council initiating amendment proceedings shall not require a 335
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public hearing and shall not imply any such amendment will be approved.
C. Recommendations for the Initiation of Amendment Proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the City Clerk for placement on the agenda of the Council as a matter not requiring a public hearing. Whenever the Community Development Director prepares such a recommendation, the comments of the Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.
D. Private Applications for the Initiation of Amendment Proceedings. The owner of real property, or a person authorized by the owner, shall have the right to request that the City Council adopt an order initiating proceedings for an amendment pursuant to this section.
Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees). The Community Development Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the City Clerk for placement on the Council agenda as a matter not requiring a public hearing. Prior to submitting the report and recommendation to the City Clerk, the comments of the Planning Commission shall be requested, and any comments shall be included in the submission to the City Council. No public hearing before the Planning Commission shall be required to request such comments.
E. Amendment Proceedings and Hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Chapter 17.130 (Amendments to Projec ts).
If the Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director.
Hearings and the final decision on any amendment pursuant to this section may occur after the calendar year during which proceedings for the amendment were initiated. (Ord. 247, 1/15/2025)
§ 17.60.030. Findings.
A Planning Commission resolution recommending approval to the City Council of a General Plan Amendment shall include the follosingfollowing findings, based on substantial evidence :
A. , t That new conditions or circumstances disclosed during the review process justify modifying the General Plan ;
B. , t That the changesmodifications are in the public interest (Government Code Section 65358(a));
C. , That the change does not conflict with the overall City of Wildomar vision ;, and D. Tthat the changes it would not create an internal inconsistency among the elements of the General Plan.
The foregoing requirement for findings shall not apply to any amendment to the City of Wildomar vision.
(Ord. 247, 1/15/2025)
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provisions of Section 65450 et seq. of the Government Code, as now written or hereafter amended, and in accordance with Chapter 17.65 (Planned Residential Developments) of this Title.
(Ord. 247, 1/15/2025)
§ 17.60.050. Applications for specific plans.
A. The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a specific plan or an amendment to an existing specific plan for the real property. The right to request consideration of a specific plan or a specific plan amendment does not imply that the specific plan or the specific plan amendment will be approved.
B. Applications shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the fee set forth in Chapter 3.44 (Fees). The application shall supply all required information and sha ll include the following:
1. Wherever a proposed specific plan is for a project subject to the Alquist -Priolo Earthquake Fault Zoning Act, Public Resources Code Section 2621 et seq., a geologic report shall be submitted as required by Chapter 15.76 (Earthquake Fault Area Construction Regulations);
2. Whenever a proposed specific plan will substantially determine the location of any building sites for structures, a flood protection study shall be submitted with the specific plan along with the fee set forth in Chapter 3.44 (Fees).
C. A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:
1. The distribution, location and extent of the uses of land, including open space, within the area covered by the Plan;
2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the Plan;
3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (C)(1) through (C)(3) of this section.
D. A specific plan shall include a statement of the relationship of the specific plan to the General Plan.
(Ord. 247, 1/15/2025)
§ 17.60.060. Public hearings, General Plan amendments and specific plans.
Proposals to adopt or amend the City of Wildomar General Plan, any part or element thereof, and any specific plan, shall be heard in the following manner:
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A. The Planning Commission shall hold a public hearing on the matter. Notice of the public hearing shall be given pursuant to Section 17.125.080 (Public Hearing Procedure) of this Title.
B. After closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant, if any. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commiss ion. If the Commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal.
C. Upon receipt of a recommendation of the Planning Commission on adoption or amendment of the General Plan, the City Clerk shall set the matter for public hearing before the City Council at the earliest scheduled meeting date and shall give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.
D. After closing the public hearing, the City Council shall render its decision within a reasonable time. A decision to adopt or amend the General Plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affi rmative vote of not less than the majority of the total membership of the Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission's recommendation not previously considered by the Commission shall first be remanded ba ck to the Commission for its consideration and recommendation. The Planning Commission shall hold a public meeting thereon, and report its decision back to the City Council within 60 days.
E. A proposal to adopt or amend any part or element of the General Plan shall not be approved by the City Council until all procedures required by CEQA and the City's CEQA Guidelines have been completed.
(Ord. 247, 1/15/2025)
§ 17.60.070. Reports on conformity with the General Plan.
A. The Community Development Planning Department is designated as the planning agency, under the provisions of Section 65402 of the Government Code, and any similar provision of state law, to report on public acquisitions, dispositions, abandonments, and construction, as to conformity with the City of Wildomar General Plan.
B. Whenever any City department or a public agency is processing a project that requires a report under the provisions of Section 65402 of the Government Code, or any similar provision of state law, application shall be made to the Community Development Director on forms provided by the Community Development Planning Department and shall supply all requested information, including the following:
1. The name, address and telephone number of applicant, including information regarding any cooperating or involved agencies;
2. The legal basis for the project on an estimated time schedule for development or action to be taken;
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3. The location, address or legal description of the subject property or area, together with a site plan and description of the proposed project and uses;
4. The location of adjacent streets, easements, utilities, and other features, both natural and constructed, that may affect or be affected by the proposal;
5. Development plans of any proposed construction, including such structural features as may be required to determine if the proposal is in conformity with the General Plan and any specific plan in effect in the area.
C. Within 40 days after receipt of a completed application, the Community Development Director shall make a report to the applicant as to the conformity of the location, purpose and extent of the proposed project with the General Plan.
D. Within 10 days after the date of mailing or delivery of the report of the Community Development Director, the applicant may appeal, in writing, to the Planning Commission on the form provided by the Community Development Planning Department. Upon receipt of a completed appeal accompanied by the fee set forth in Chapter 3.44 (Fees), the Community Development Director shall set the matter for hearing before the Planning Commission, not less than five nor more than 35 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The decision of the Commission shall be made within 30 days following the close of the hearing, shall be final, and a copy shall be mailed to the appellant.
E. The provisions of subdivision (a) of Section 65402 of the Government Code shall not apply to:
1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;
2. Acquisitions, dispositions, or abandonments for street widening or alignment projects, provided such projects are of a minor nature.
F. The provisions of subdivision (b) of Section 65402 of the Government Code shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature. (Ord. 247, 1/15/2025)
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§ 17.76.010 DEVELOPMENT CODE § 17.76.050
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CHAPTER 17.76
CONDITIONAL USE PERMITS
Prior History: Former Ch. 17.80 C-R Rural Commercial Zone, compiled of RCC Ch. 17.84; Ord. 18 § 2, 2008; Ord. 190 § 6, 2020; repealed by Ord. 247, 1/15/2025.
§ 17.76.010. Purpose.
The Use Permit review and approval process is intended to apply to uses that are consistent with the with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses. (Ord. 247, 1/15/2025)
§ 17.76.020. Applicability.
Whenever any section of this Title requires that a conditional use permit be granted prior to the establishment of a use, the following provisions shall take applyeffect. (Ord. 247, 1/15/2025)
§ 17.76.030. Application.
Applications for a conditional use permit shall be made in writing to the Community Development Director on the forms provided by the Planning D ivisionepartment and shall be accompanied by the filing fee as set forth in Chapter 3.44 (Fees). (Ord. 247, 1/15/2025)
§ 17.76.040. Public notice and hearing.
The Planning Commission shall be the appropriate hearing body for and shall have the authority to approve, conditionally approve, or deny all conditional use permit applications in accordance with the provisions of this chapter. Notwithstanding the above or , any other provision herein to the contrary, the hearing on any conditional use permit application that also requires the approval of a General Plan amendment, specific plan amendment, or change of zone shall be heard in accordance with the provisions of Chapters 17.60 and 17.145, whichever is applicable, and all the procedural requirements and rights of appeal as set forth therein, shall govern the hearing. (Ord. 247, 1/15/2025)
§ 17.76.050. Required use permit fFindings for Decision.
The review authority must make all of the following findings to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application:
A. The proposed use is consistent with the General Plan and any applicable specific plan; B. The proposed use is consistent with the intent of the zone it is located in and complies with all applicable provisions of this Title and other applicable provisions of the Wildomar Municipal Code;
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C. The proposed use will not have an adverse effect to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
D. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity;
E. The site is physically suitable in terms of design, location, shape, size, and operating characteristics offor the proposed use and for the provision of public and emergency vehicle access, public protection services, and utilities;
D.F. The proposed use complies with adopted design and development standards applicable to the zone the use is located in, unless waived or modified pursuant to the provisions of this Title.
(Ord. 247, 1/15/2025)
§ 17.76.060. Conditions of approval.
In approving or conditionally approving a use permit, the City may impose reasonable conditions or restrictions necessary to ensureachieve compliance with the findings found inrequired by this chapter, protect the public health, safety, and welfare, and mitigate project impacts the following outcomes . The City may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with. All cConditions of approval imposed on uses/projects by the Planning Commission shallmay also be consistent with at least one of the following objectives:
A. Ensure that the proposal conforms in all significant respects with the Wildomar General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;
C.A. Achieve the findings for a use permit listed in Section 17.80.050 (Required Use Permit Findings)Ensure regulated uses operate as intended by this Title or approved under the use permit; or
B. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
D. Conditions may include operational restrictions, performance standards, time limitations, ongoing monitoring requirements, and other measures reasonably related to the approved use and its impacts.
§ 17.76.070. Periodic Review.
The Cityreviewing autohrity may conduct a periodic review of the permit to ensure proper compliance with this Development Code and any development al or operational conditions imposed by the review authority.
§ 17.76.080. Permit to run with land.
A use permit approved in compliance with the provisions of this Chapter , including Section 17.76.090, shall continue to be valid on the land for which it was approved upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter. Use permits are not transferable to other lands within Wildomar. Establishment of the same use on a different property requires a new use permit application .
§ 17.76.090. Existing conditional use.
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A conditional use legally established prior to the effective date of this Development Code or prior to the effective date of subsequent amendments to the applicable regulations or zone boundaries, shall be allowed to continue; provided that it is operated and maintaine d in compliance with the conditions prescribed at the time of its establishment, if any.
§ 17.76.100075. Modification, suspension, or revocation.
A. The review authority may modify, suspend, or revoke a conditional use permit following notice and a public hearing conducted in accordance with this title upon making one or more of the following findings:
1. The permit was obtained by fraud or misrepresentation;
2. The use is being conducted contrary to the approved plans, the terms or conditions of approval, or this title;
3. The use is being conducted in violation of any applicable law or regulation;
4. The use has caused or is causing adverse effects on the public health, safety, or welfare, or is detrimental to surrounding properties or improvements; or
5. The use has ceased for a continuous period specified elsewhere in this title, if applicable.
B. In modifying, suspending, or revoking a conditional use permit, the review authority may impose additional or revised conditions reasonably related to mitigating impacts of the use or ensuring compliance with this title.
C. The remedies provided in this section are cumulative and do not limit any other enforcement authority or remedy available to the City under this code or applicable law.
(Ord. 247, 1/15/2025)
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CHAPTER 17.85
DEVELOPMENT REVIEW, MAJOR
§ 17.85.010. Purpose.
Development review provides a method for the City to review development proposals based on size, site characteristics and type of project.
(Ord. 247, 1/15/2025)
§ 17.85.020. Major dDevelopment review.
A. Requirements. A major development review permit is required for any development project that does not qualify for a minor development review as described in Chapter 17.90.
B. Approving Authority. The Planning Commission shall be the designated approving authority for major development review applications. The Planning Commission shall approve, approve with conditions, or deny applications for major development review after making the required findings.
C. Issuance of Permits. Major development Development review approval is required prior to issuance of any building or grading permits and prior to or in conjunction with discretionary action on corresponding development applications (e.g., conditional use permit, variance).
D. Procedure for Application Processing. The procedures for application processing shall be as provided in Chapter 17.125 (Common Application Processing Procedures).
E. Findings. Major dDevelopment review shall be granted only when the following findings have been made in writing:
1. The proposed use development is consistent with the General Plan and any applicable specific plan.
2. The proposed development use is consistent with the intent of the zone it is located in and complies with all applicable provisions of this Title and other applicable provisions of the Wildomar Municipal Code;
3. The proposed development use will not have an adverse effect to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
4. The proposed development use complies with adopted design and development standards applicable to the zone the use is located in, unless waived or modified pursuant to the provisions of this Title.
(Ord. 247, 1/15/2025)
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§ 17.90.010 DEVELOPMENT CODE § 17.90.020
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CHAPTER 17.90
DEVELOPMENT REVIEW, MINOR
§ 17.90.010. Purpose.
Development review provides a method for the City to review development proposals based on size, site characteristics and type of project.
(Ord. 247, 1/15/2025)
§ 17.90.020. Minor development review.
A. Requirements. A minor development review permit is required for the following items:
1. Model home complex site plan for single-family residential subdivisions;
2. New construction of a multifamily residential project with fewer than 10 units;
3. New construction of a nonresidential building or structure of less than 5,000 square feet (e.g., commercial, office, industrial, public/quasi -public);
4. Additions of more than 1,000 square feet and less than 5,000 square feet to nonresidential buildings or structures;
5. The exterior remodel of multifamily residential buildings or structures or nonresidential buildings or structures;
6. Permanent and seasonal outdoor seating.
6.7. Other similar structures as determined by the Community Development Director.
B. Exemptions. The following structures are exempt from development review (minor or major). However, such structures may require Zoning Clearance to ensure compliance with adopted Building Code standards and applicable Title 17 provisions:
1. Single-family home on a single lot;
2. Additions to, or the exterior remodel, of single-family residential homes;
3. Additions of less than 1,000 square feet in size to nonresidential buildings or structures;
4. Residential aAccessory structures, including accessory dwelling units, consistent with the provisions in this Title;
5. Repairs and maintenance to the site or structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure; and
6. Interior alterations that do not change the permitted use of the structure.
6.7. Other similar structures as determined by the Community Development Director.
C. Approving Authority. Refer to Table 17.-125.110-1, Designated Authority for Approval.
C.D. The Community Development Director has the discretion to determine that a request requires a minor development permit and can be processed ministerially administratively as deemed appropriate.
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requires a major development permit or should be elevated to the Planning Commission or City Council as deemed appropriate.
E.F. Procedure for Application Processing. The procedures for application processing shall be as provided in Chapter 17.125 (Common Application Processing Procedures). 345
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F.G. Findings. Approval of a minor development review is subject to the following findings as made by the Community Development Director in writing:
1. The proposed use is consistent with the Wildomar General Plan and any applicable specific plan.
2. The proposed use is consistent with the intent of the zone it is located in and complies with the standards of the applicable provisions of this Title and applicable provisions of the Wildomar Municipal Code;
3. The proposed use will not have an adverse effect to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
4. The proposed use complies with adopted design and development standards applicable to the zone the use is located in, unless waived or modified pursuant to the provisions of this Title.
(Ord. 247, 1/15/2025)
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§ 17.95.010 DEVELOPMENT CODE § 17.95.030
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CHAPTER 17.95
REASONABLE ACCOMMODATIONS
§ 17.95.010. Purpose.
This chapter provides a procedure to request a reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the Acts) in the applicat ion of Zoning laws and other land use regulations, policies, and procedures.
(Ord. 247, 1/15/2025)
§ 17.95.020. Applicability.
A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this Title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities for a person with a disability, as defined by the Acts. A person with a disability is a person who has a physical/mental impairment or medical condition that limits or substantially limits one or more major life activities, anyone who is regarded as having such disability, or anyone who has a record of such disability.
B. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing - related facilities that would eliminate regulatory barriers and provide a perso n with a disability equal opportunity to housing of their choice.
C. A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.
D. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.
(Ord. 247, 1/15/2025)
§ 17.95.030. Procedure.
A. Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department or in the form of a letter to the Community Development Director, and shall contain the following information:
1. The applicant's name, address, and telephone number;
2. Address of the property for which the request is being made;
3. The current actual use of the property;
4. The basis for the claim that the individual is considered disabled under the acts;
5. Title 17 provision, regulation or policy from which reasonable accommodation is being requested; and
6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
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B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, development review, etc.), then the applicant shall file the information required by Section 17.95.030(A), Application, together for concurrent review with the application for discretionary approval. (Ord. 247, 1/15/2025)
§ 17.95.040. Review authority.
A. Community Development Director. Requests shall be reviewed by the Community Development Director.
B. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Community Development Director. The other discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application and be provided with the findings made by the Community Development Director.
(Ord. 247, 1/15/2025)
§ 17.95.050. Review.
A. Community Development Director Review. The Community Development Director shall make a written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
B. Other Review Authority. Written determination regarding a request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be made by the Community Development Director within 30 days of the application being deemed complete, who shall either grant, grant with modifications, or deny a request for reasonable accommodations.
(Ord. 247, 1/15/2025)
§ 17.95.060. Approval findings.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the acts and shall be based on consideration of the following factors:
A. Whether the housing in the request will be used by an individual considered disabled under the acts;
B. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts; C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City;
D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning. (Ord. 247, 1/15/2025)
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§ 17.105.010 DEVELOPMENT CODE § 17.105.030
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CHAPTER 17.105
TEMPORARY USE AND TEMPORARY EVENTS PERMITS
§ 17.105.010. Purpose.
The City Council hereby determines that temporary events and temporary use permits provide a process for administrative review for short -term activities that may not meet the normal development or use standards of the applicable zoning district but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary event or temporary use does not adversely impact the long -term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. The City Council has enacted the following provisions to regulate and control, in a content -neutral manner, temporary uses that are conducted in the City.
(Ord. 247, 1/15/2025)
§ 17.105.020. Permit required.
Except as otherwise provided in this Title, the temporary uses listed in this section shall require the issuance of a temporary use permit (TUP), or temporary event permi t (TEP) under a TUP for events, from the Community Development Director prior to establishment of the use or commencement of the event . The Community Development Director may impose conditions on the approval of a temporary use or event permit necessary to protect the public health, safety, and welfare and ensure compliance with this Title . Temporary events must substantially comply with the standards outlined in Section 17.105.040 of this chapter. (Ord. 247, 1/15/2025)
§ 17.105.030. Temporary use regulations.
A. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this section, provided they comply with the development standards listed below.
1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.
2. Construction Office and Yards—On-Site. Office and Yyards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.
3. Miscellaneous. Activities conducted on public property or within the public right -of- way that are approved by the City or as otherwise required by the Wildomar Municipal Code, or temporary uses established by the City of Wildomar, or contractors on the city’s behalf, on private property or property owned by the city .
3.4. Non-recurring Farmers Market (Certified). An outdoor market on public (City) or private property where farmers and other producers of agricultural and related foodstuffs and products are sold, including non -agricultural products. A certified farmers' market is subject to the provisions of Food & A griculture Code Sections 47000 et seq. Exempt m arkets may be single events or markets that do not exceed twelve (12) events per calendar year between the hours of 8:00 a.m. to 10:00 p.m .
B. Temporary Use Permit Required. The following temporary uses and activities may be allowed, subject to the issuance of a temporary use permit. A n complete application for a 349
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temporary use shall be submitted to the Community Development Planning Department at least 60 days prior to the scheduled use and include a minor or major development review application accompanied by the required filing fee outlined in Chapter 3.44 of the WMC.
The application package shall also include a site plan exhibit and a signed letter from the property owner authorizing said temporary use. The following temporary uses require a TUP:
1. Construction Office and Sstorage. An offsite temporary construction office or storage used during the construction of a main building or buildings on the same site as part of a development project within the City of Wildomar , provided a valid building permit has been issued for the development project .
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2. Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements.
3. Temporary Real Estate Offices, Including Sales Trailers and Related Facilities. May be established within the area of an approved residential subdivision project, solely for the first sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary reasonably necessary to protect the public health, safety, and welfare may be imposed as part of the temporary use permit.
4. Seasonal Sales Lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the Wildomar General Plan. Seasonal sales may be permitted in any nonresidential zoning district upon issuance of a temporary use permit. The term of permit shall not exceed 60 calendar days per calendar year.
5. Craft-Vendor Fair/Open -Air Market. An outdoor or indoor temporary use located on private or public (City) property, except vacant and/or unimproved land where non - agricultural products are sold, including, but not limited to, arts, crafts, candy, soaps, balms, cosmetics, ceramics, bread, cheese, clothing, and handmade crafts (such as seasonal goods, ornaments, hand-dipped or rolled candles, etc.) and similar items and products for sale to the general public. Items such as meat, poultry, fish, etc., and similar foods will be allowed only to the extent there is proper refrigeration and Riverside County Health Department approval, as applicable. Craft -Vendor fair/ open-air markets shall be allowed no more than twelvesix times per calendar year between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00
5. p.m. (Friday through Saturday). Any event exceeding twelvesix times per calendar year shall require approval of a conditional use permit by the Planning Commission. A new temporary use permit will be required every calendar year .
6. Farmers Market (Certified). An outdoor market on public (City) or private property where farmers and other producers of agricultural and related foodstuffs and products are sold, including non-agricultural products. A certified farmers' market is subject to the provisions of Food & Agriculture Code Sections 47000 et seq. Farmers' markets shall be allowed weekly and no more than six times per calendar year between the hours of 8:00
a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday) . Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission.
7. Temporary dwellings, including mobilehomes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued. The temporary dwelling shall be limited to a maximum of one year and then must be removed from the premises. Recreational vehicles are prohibited as a temporary dwelling.
8. Temporary Outdoor Parking Lot Dining.
a. Temporary parking lot dining that utilizes required parking spaces for outdoor dining for its customers shall be temporary in nature, shall not increase the 351
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i. If the business owner would like to convert the temporary outdoor parking lot dining area to a permanent feature, then the business owner shall, with the written authorization of the property owner, submit a substantial conformance application at least six months before expiration of the temporary use. The substantial co nformance application will be subject to the same safety features listed below, including the required parking analysis.
ii. If the number of parking spaces is reduced below the minimum required for the site, the Community Development Director may considerrequire bicycle rack parking in accordance with the provisions of Section
17.155.060 (Bicycle Parking Facilities).
b. Temporary parking lot dining must include safety improvements to protect customers, including, but not limited to, raised platforms (equal to height of adjacent walkway to meet ADA requirements), bollards placed 36 inches on center, K-rails around the perimeter of the parking spaces used for outdoor dining or other similar safety barriers.
c. The Community Development Director may require a parking analysis based on existing site conditions as part of the substantial conformance review. d. The applicant shall first receive written approval from the property owner prior to submitting a temporary use permit application and shall include the letter in the application package.
e. The parking lot dining area shall not encroach into any drive aisles or fire lane. f. The applicant shall be responsible for obtaining the proper state A.B.C. license approval if alcohol is served in the outdoor dining area. Said state A.B.C. approval shall be submitted with the application package. g. The restaurant owner shall agree to indemnify the City and sign the indemnity clause on the temporary use permit application.
9. Temporary Use of Land.
a. The Community Development Director may approve, conditionally approve, or deny the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed twelvesix months. b. The Planning Commission may approve, conditionally approve, or deny the temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time that exceeds twelvesix months. c. In both cases, an encroachment permit may be needed from the Public Works Department prior the use of the land.
10. When a temporary use is not specifically listed in this section, the Community Development Director shall may determine whether the proposed use is similar in nature and operational characteristics to a listed use(s) and mayshall establish reasonable conditions and operational limitations applicable to the proposed use . the term and make necessary findings and
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conditions for the particular use.
11. The Community Development Director may grant extensions of times forto any temporary use or temporary event , including temporary events, if the approvedproject use has not substantially changed and the extension would use will not be detrimental to the health, safety and public welfare, or as allowed by the conditions of approval .
C. Findings for Temporary Uses. The Community Development Director shall deny the temporary use permit if all required findings cannot be made :A temporary use permit shall meet all the findings below. If the Director does not make all of these findings, the temporary use permit shall be denied.
1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Title.
D. Conditions. In approving or conditionally approving a temporary use permit, the Director may impose reasonable such applicable conditions necessary to ensure the protection of the public health, safety, and general welfare and ensure compliance with this title . Such conditions may include, but not be limited to, the following:
1. Measure to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures.
2. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
3. Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
4. Other reasonable conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by this chapter above, including conditions establishing of approval identifying the duration of the fot eh permit and life of the permit and any authorized available extensions .
4.5. Bond and Insurance. The Community Development Director may require an applicant for a TUP to post a bond , or to otherwise financially security to ensure e that the site where the temporary use will be located , in order to restorationed of the site to its prior to its original condition and reimbursement to that the City is fully reimbursed for costs associated with any unanticipated expenses related to enforcement, abatement , cleanup, or of the temporary use or required improvements . The Community Development Director shall determine the amount of the bond or other security, and the applicant shall post it with the Community Development Department.
E. Revocation. A temporary use permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variance and Permits). The remedies provided in this 353
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chapter are cumulative and do not limit any other enforcement authority available to the City under this code or applicable law.
(Ord. 247, 1/15/2025)
§ 17.105.040. Temporary event regulations.
Notwithstanding any other provision of this chapter to the contrary, a "major event" shall only be held indoors in an established facility as defined in this chapter. A "minor event" may be held indoors in an established facility or outdoors. All major and minor temporary events shall comply with the following use regulations.
A. Temporary Event Permit Application. A complete application for a major or minor temporary event shall be submitted to the Community Development Director, or designee, at least 60 days prior to the scheduled event, or as otherwise approved by the City Manager, or designee. The application shall include a minor or major development review accompanied by the required filing fee. The application package shall also include a signed letter from the underlying property owner authorizing said event on the property in question.
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by the event.
B. Use Time Limitation. A major or minor temporary event shall be allowed no more than six times per calendar year subject to the requirements specified in subsection C below. Any event exceeding six times per calendar year shall require approval of a conditional use permit by the Planning Commission .
C.A. Requirements for Temporary UsesApproval. The Community Development Director shall approve a major or minor tTemporary event s providedmust substantial ly conform ance withall of the following requirements are complied with .
1. The use limitation discussed in subsection B of this section has not been exceeded by the same applicant.
2.1. There is no pending code enforcement action on the property underlying the proposed event location.
3.2. A noise, and lighting mitigation plan for events held at night and parking plan shall be approved by the Planning D ivisionepartment for events held at night if applicable.
4.3. An access and parking plan has been approved by the Public Works Director or City Engineer, when determined necessary by the applicable reviewing agency based on the nature and scope of the event if applicable.
5.4. A fire protection plan has been approved by the Fire Department, when determined necessary by the applicable reviewing agency based on the nature and scope of the event. if applicable.
6.5. A security operations plan has been approved by the Police Department, when determined necessary by the applicable reviewing agency based on the nature and scope of the event.if applicable.
7.6. If food is prepared and served as part of the event, the applicant shall obtain a permit from Riverside County Environmental Health Department. A copy of the approved permit shall be submitted with the application package.
8.7. If alcohol is proposed for sale for on -site consumption, the applicant shall obtain the appropriate license from the State Department of Alcohol Beverage Control (ABC).
A copy of the approved license shall be submitted with the application package to the Planning Division .
9.8. The event shall not block, restrict, or impair any of the following:
a. The public's view of another business or activity on the property where said event is being held.
b. The public's view of business signage for adjacent tenants in the commercial center where said event is being held.
c. The view or visibility of the operator of any motor vehicle. d. The movement of any pedestrian or motor vehicle on the public right -of-way. e. The points of ingress and egress to the commercial site where the event is being held.
10.9. No signage may be located in the public right -of-way without the approval of an encroachment permit made by the City Engineer.
11.10. Any signage/banners proposed to be used for the event shall comply with the 355
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regulations outlined in Chapter 17.180 (Signs).
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vendors and their products if approved or cleared by the Fire Marshal and Building Official .
D. Hours of Operation. A major or minor temporary event shall be permitted only between the hours of 8:00 a.m. to 8:00 p.m. (Sunday through Thursday) and 8:00 a.m. to 10:00 p.m. (Friday through Saturday). Any event outside of these hours shall be approved by the City Council prior to the temporary event application submittal to the Planning D epartment.
E.B. Bond and Insurance. restoration of the event site and reimbursement to the City for costs associated with law enforcement, emergency response, cleanup, enforcement, or abatement attributable to the event The Community Development Director may require an applicant for a major and/or minortemporary event to post a bond, or to otherwise financially secure that the event location is restored to its original condition and that the City is fully reimbursed for any unanticipated law enforcement or emergency medical expenses . The Community Development Director shall determine the amount of the bond or other security and the applicant shall post it with the Community Development Department Chief Building Official. The Community Development Director may also require an applicant for a major and/or minor temporary event to obtain indemnity or liability insurance naming the City as the insured if the event is held on public property.
F.C. Advertising/Ticket Sales. No person shall conduct, operate, or admit the public advertise, sell, or furnish tickets for to a minortemporary requiring event until a permit under this chapter unless the required permit has been issued has been obtained for the event in accordance with this chapter .
G.D. Revocation. A minor event permit may be revoked pursuant to and in accordance with Section 17.125.150 (Revocation of Variances and Permits). (Ord. 247, 1/15/2025)
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CHAPTER 17.116
PRE-APPLICATION REVIEW (PAR) PROCEDURES
Prior History: Former Ch. 17.120 A -1 Light Agriculture Zone, compiled of RCC Ch. 17.120; Ord. 18 § 2, 2008; Ord. 87 § 2, 2014; repealed by Ord. 247, 1/15/2025.
§ 17.116.010. Purpose.
Pre-application review (PAR) is a required procedure for all development proposals identified below. The purpose of PAR is to:
A. Advise a prospective applicant of current City standards and requirements; B. Assess whether a prospective applicant's development proposal is consistent with the Wildomar General Plan, Title 17, and other current City standards and requirements before a formal application is actually filed and fees are paid; C. Shorten the length of time required to process a formal development proposal once it has been accepted for processing;
D. Encourage development proposal designs which are sensitive to environmental and developmental constraints, and which lessen the need for subsequent costly and time consuming redesigns;
E. Provide a written record of staff's assessment of a development proposal in the form of a PAR staff review comment letter;
F. Limit requests for special studies to those identified in the PAR letter. (Ord. 247, 1/15/2025)
§ 17.116.020. Classifications.
Development proposals which are subject to a PAR application are noted below.
Table 17.120.020-1: Development Proposal Types
General Plan Amendments and Zone Changes
Specific Plans and Amendments to Specific Plans
Development Agreements
Conditional Use Permits (for all usedevelopment types) Major Development Review Permits (all development types) as determined by the Direct or Planned Residential Developments
Revised Permits (all types) as determined by the Director Tentative Parcel Maps (all types) as determined by the Director Tentative Tract Maps (all types)
Vesting Maps (all types)
Development Projects under S bB 330
(Ord. 247, 1/15/2025)
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§ 17.116.030. Applications.
A. The Community Development Director has the discretion to determine that a PAR application is not required for a proposed project as deemed appropriate.
A.B. Every PAR application shall be made in writing to the Community Development Director on the forms provided by the Planning Department. The application shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. A ll primary exhibits or maps submitted with an application must be clearly drawn and legible.
B.C. The amount of information which an applicant must submit with a PAR application increases with the complexity of the development proposal. The information required under subsections C and D of this section is considered to be the minimum required, and Tthe Community Development Director may require additional information if the information submitted does not adequately define the proposal or meet statutory requirements .
C. All PAR applications submitted by an applicant shall submit a PAR site plan packet containing the following information:
1. Name, address and telephone number of the applicant;
2. Name, address and telephone number of the land owner;
3. Name, address and telephone number of the map or exhibit preparer;
4. Assessor's parcel number(s) and, if available, the property's address;
5. Scale of the site plan exhibit (i.e., number of feet per inch). The exhibit must use an engineer's scale (i.e., one inch equals 10 feet or an even multiple of 10 feet). An architect's scale is only acceptable for floor plans, elevations and landscaping pla ns;
6. North arrow;
7. Title of the exhibit (e.g., "Development Review," "Tract Map No.," etc.);
8. Proposed improvement schedule (i.e., Schedule "A," "B," "C," etc.) as noted in Title 16 where applicable;
9. Overall dimensions and approximate total net and gross acreage of the property;
10. Project boundary lines;
11. Existing and proposed Zoning and land use of property as well as existing Zoning and land use of surrounding property;
12. Location and dimensions of existing and proposed ingress and egress, and methods of vehicular circulation,
13. Identify waste disposal system proposed (i.e., subsurface septic system or sewer);
14. Location and dimensions of existing dwellings, buildings or other structures, labeled as existing, and indicating whether they will remain or be removed;
15. Setback dimensions of existing structures and paved areas that are to remain;
16. Vicinity map inset showing the site's relationship to major highways, access roads, and cities. Paved roads both existing and proposed must be labeled or shown by heavy dark lines. Streets, alleys, and rights-of-way providing legal access to the property 359
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must be indicated. A north arrow for the vicinity map inset is also required.
17. FEMA mapped floodplains and floodways including zone designations, when applicable;
18. For land divisions:
a. Proposed lot lines and approximate lot dimensions, or b. Proposed boundary lines and approximate dimensions for each lot or space in the case of mobilehomes or recreational vehicles.
D. The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60 -foot wide and 100-foot deep rectangle, then all lots may be represented this way on the PAR site plan exhibit;
1. If the project is within a specific plan, the specific plan planning area number and the land use designation of the subject property and all surrounding property;
2. For condominiums, mobilehome parks, or recreational vehicle parks:
a. Number each condominium, mobilehome, or recreational vehicle space and indicate the total number of each type of unit, lot or space, b. Delineate common areas, open space, and recreational areas. For each area, give its dimensions, acreage, any proposed uses, and the name of the proposed owner(s) or entity(ies ) who will maintain it.
E. The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60 -foot wide and 100-foot deep rectangle, then all lots may be represented this way o n the PAR exhibit;
1. As required by Title 16, a restricted single -family residential subdivision (i.e., R -2 zone), shall provide the following: building footprints, floor plan assignments, proposed setbacks, pad elevations, street grades, and all cut and fill slopes in excess of one foot in vertical height.
(Ord. 247, 1/15/2025)
§ 17.116.040. Procedures.
Once the Community Development Director determines that a PAR application is submitted and complete, the Community Development Director shall:
A. Distribute the PAR application packet to city departments, applicable outside agencies and affected special districts for review and comment;
B. Conduct an internal PAR review meeting to discuss the development proposal after the City departments, applicable outside agencies and affected special districts have had two weeks to review the proposal.
C. Within four weeks after the PAR application is submitted and reviewed, the planning department shall prepare a PAR staff review comment letter for the applicant. 360
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(Ord. 247, 1/15/2025)
§ 17.116.050. Pre-application review letter.
A. The PAR letter shall contain staff review comments on the applicant's development proposal but shall not constitute or be considered approval or denial of the development proposal. Although the content of the PAR letter will depend on the type of proposal, its proposed location, the background information provided by the applicant, and other factors, the letter shall generally provide the applicant with the following types of information:
1. Any applications which must be filed to process the proposal as well as any timing requirements associated with filing such applications. Applications which may be required include, but are not limited to, the following: General Plan amendments, specific plans, change of zone, tract maps, and parcel maps;
2. Any special technical studies (including CEQA studies) which must be filed to process the proposal as well as any timing requirements associated with filing such special studies. Special studies which may be required include, but are not limited to, the following: fiscal impact, service and infrastructure impact, private debt burden, biological, archeological, paleontological, geological, flood, traffic, slope stability and noise studies;
3. Any special plans which must be filed to process the proposal. Special plans which may be required include, but are not limited to, the following: conceptual grading plans, detailed grading plans, stormwater pollution prevention plans, dust control plans, and area development plans;
4. Compliance with the City's single -family/multi -family residential, and commercial design standards and guidelines;
5. Current application processing fees.
6. Any major environmental issues associated with the proposal, including the possible need for an MND or EIR subject to the anticipated environmental assessment;
7. Any major design considerations associated with the proposal (e.g., internal drainage design or limitations on density);
8. The availability of water, sewer, and fire flow rate;
9. The changes that staff will require before making an approval recommendation, or a statement that an approval recommendation will not be made given the proposal's present configuration;
B. No issues other than those identified in the PAR letter shall be raised by staff during processing of the development proposal, unless the formal proposal introduces a new site plan or use type. The PAR letter shall be valid for one year from the date thereof.
C. Where the Community Development Director subsequently determines, however, that conditions have changed or that the existing information does not fully address all significant concerns, staff may require an additional study or studies not specified in the PAR letter. Similarly, City and special district policies may change during the letter's one - year life, and policy recommendations, which were valid when the letter was issued, may 361
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CHAPTER 17.125
COMMON APPLICATION PROCESSING PROCEDURES
§ 17.125.010. Purpose and applicability.
The purpose of this chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits and other approvals. These common procedures apply to all permits and approvals described in this Title, unless superseded by a specific requirement of Title 17 or state law.
(Ord. 247, 1/15/2025)
§ 17.125.020. Applications.
A. All applications for a permit or approval, as identified in this Title, must be submitted to the Planning Department on a completed City application form designated for the specific proposal.
B. Minimum submittal requirements shall be established by the Community Development Director and are listed on each application type. Additional information specific to the permit or approval and necessary for the complete analysis of an application may be required by the Community Development Director. All required material, information and fees shall be provided by the applicant before the application is submitted and accepted for processing.
C. All applicable processing fees as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code for each development application type shall be submitted simultaneously with the proposed development application(s), development plans and technical studies.
Applications initiated by the City shall not require an application fee. (Ord. 247, 1/15/2025)
§ 17.125.030. Initiation of application.
Applications may be initiated by any interested party, the Community Development Director, Planning Commission or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:
A. Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.
B. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.
(Ord. 247, 1/15/2025)
§ 17.125.040. Determination of completeness.
A. Initial Determination. Within 30 days of application submittal, the Community Development Director shall determine whether the proposed development application is complete in accordance with Government Code Section 65493 (Permit Streamlining Act).
The Community Development Director shall notify the applicant in writing that one of the determinations has been made:
1. Complete Application. All submittal requirements have been satisfied and the 362
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application has been deemed complete for processing.
2. Incomplete Application. Specific information is missing and is still necessary to complete the application. The incomplete letter may also identify design review comments from each City department and preliminary information regarding the areas in which th e submitted application is not in compliance with City development standards, design requirements and application requirements.
B. Application Resubmittal. Any application resubmittal shall include the application determination letter and applicant response letter where in the resubmittal the additional information can be found.
C. Determination on Resubmittal. Within 30 days of submittal of a revised development application package, in response to a determination of incompleteness, the Community Development Director shall determine whether the resubmitted application is complete. The Community Development Director shall notify the applicant in writing that a determination has been made.
D. Right to Appeal. The applicant may appeal the determination in accordance with Section
17.125.110 (Appeals) and California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than 60 days after receipt of the applicant's written appeal. (Ord. 247, 1/15/2025)
§ 17.125.050. Application review and report.
A. After acceptance of a complete application, the project shall demonstrate compliance with Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.
B. The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of this Title, the Wildomar Municipal Code, and other adopted policies and plans.
C. Reports for an application shall be prepared and disseminated as follows:
1. For applications decided at the administrative level, the Community Development Director will prepare a report for the file, including a decision to approve, conditionally approve, alter, or deny the application.
2. For applications to be heard by the Planning Commission and/or City Council, the Community Development Director will oversee preparation of a report to the recommending authority, if applicable, and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, alter, or deny the application. The report shall be provided to the applicant prior to consideration of the application at least 72 hours prior to the meeting, or wi th the agenda packet for the meeting, whichever is earlier. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.
(Ord. 247, 1/15/2025)
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§ 17.125.060. Withdrawal of application.
A. Request. The Community Development Director may withdraw any application upon written request by the applicant or authorized agent representative prior to the final determination on the application.
B. Notice of Withdrawal. The Community Development Director shall mail a notice of withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with the Chapter.
C. Fees Partially Refunded. Partial refunds of unused permit fees collected by the City may be granted, at the discretion of the Community Development and Administrative Services Directors only if, prior to staff making a determination or recommendation on the application, the applicant submits a written request to withdraw the application. (Ord. 247, 1/15/2025)
§ 17.125.070. Public hearing and notice.
A. Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.
B. Notice of Public Hearing.
1. Content. The notice of public hearing shall include the following information:
a. Date, time and place of hearing.
b. Identification of the reviewing or approving authority. c. Location of project.
d. Project description.
e. CEQA determination statement, if applicable.
f. Statement related to appeals and challenges, if applicable. g. Information on the availability and location of staff reports and public review materials.
2. Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manners listed below.
a. Notice of public hearing shall be published in at least one newspaper of general circulation in the City at least 10 days prior to a scheduled public hearing. b. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a minimum radius of 600 feet (1,000 feet for GPA's, Zone Changes and Specific Plans) of the exterior boundaries of the property involved in the application or to 25 property owners 364
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within a radius of up to one mile around the project, whichever is greater, as determined by the Community Development Director, using for this purpose the last known name and address of such owners as shown on the last equalized assessment roll or those names and addresses known to the City. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project.
c. If the number of owners exceeds 1,000, the City may in accordance with the Government Code, in lieu of a mailed notice, provide notice by placing a notice of at least 1/8 page in one newspaper of general circulation within the City. d. Notice of the public hearing shall be mailed to the owner of the subject real property or the owner's authorized agent, to the project applicant, and to each local agency expected to provide water, sewerage, schools or other essential facilities or service s to the proposed project and whose ability to provide such facilities or services may be significantly affected.
e. Notice of the public hearing shall be posted at City Hall and the local U.S. Post Office.
f. Notice of the public hearing shall be posted on the property in accordance with the requirements of Ordinance No. 135. The number and location of the posted notices shall be as follows:
i. For properties five acres or less in size, one sign per improved street frontage shall be posted on site.
ii. For properties greater than five acres in size, two signs per improved street frontage shall be posted on site.
iii. For properties that are unusually shaped or within a unique location, the Community Development Director may determine the location(s) for posted notices or require additional noticing of the proposed project. g. Notice of the public hearing shall be mailed to any person who has filed a written request for such notice and provided self -addressed stamped envelopes.
Alternatively, a notice can be emailed at no cost upon subscribing to the City's list serve.
h. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable C. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification.
D. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for wit h the notice was given.
(Ord. 247, 1/15/2025)
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§ 17.125.080. Public hearing procedure.
Hearings as provided for in this chapter shall be held in accordance with the provisions of Section
17.125.080 (Public Hearing Procedure), as well as the following provisions:
A. Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons.
B. Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing.
C. If the hearing is not continued to a date, time, or place certain, the hearing shall be re-noticed in accordance with the procedures of this section.
(Ord. 247, 1/15/2025)
§ 17.125.090. Notice of decision.
Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification within seven business days of the decision and shall contain all conditions of approval. A Notice of Decision is not requir ed for actions of a recommending body.
A. Whenever any person desires to obtain a recording of a public hearing held by the City Council or the Planning Commission, he or she shall notify the City Clerk in writing, if the hearing is before the City Council, or the Secretary of the Planning Commission if the hearing is before the Planning Commission.
B. Whenever any person desires to obtain a Clerk's transcript of the documents involved in a proceeding before the City Council or the Planning Commission, he or she shall make a written request to the City Clerk, if the matter is before the City Council or to the Secretary of the Planning Commission, if the matter is before the Planning Commission. The Clerk or Secretary shall determine the number of pages involved and require payment, if applicable, in advance for the transcript at the current rate. (Ord. 247, 1/15/2025)
§ 17.125.100. Approval authority.
A. Recommending Authority. The recommending authority, denoted with an R, as designated in Table 17.125.100 -1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title.
B. Approving Authority. The approving authority, denoted with an A, as designated in Table
17.125.100-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Community Development Director and his/her designee will make non -discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decis ions, and the City Council will make the legislative decisions. In acting on a permit, the approving 366
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authority decision may be appealed pursuant to procedures set forth in Section 17.125.110 (Appeals).
C. At any point in the review process, the Community Development Director at his/her discretion may transfer approving authority to the Planning Commission or City Council because of policy implications, unique or unusual circumstances, or the magnitude of th e project.
Table 17.125.100 -1: Designated Authority for Approval
Approval Type
(Chapter)
Type of Action
Designated Authority
Community
Development
Director
Planning
Commission
City Council
Accessory
Dwelling Unit
Permit
Ministerial A
Cannabis
Conditional Use
Permit
Discretionary R R A
Conditional Use
Permit
Discretionary R A
Development
Agreement
Legislative R R A
Development
Review, Minor
Ministerial A
Development
Review, Major
Discretionary R A
Extension of
Time
Discretionary R A
Finding of Public
Convenience and
Necessity
Discretionary AR A
General Plan
Amendment
Legislative R R A
State Housing Law
– Projects
Ministerial A
Home-based
business
Ministerial A
LAFCO
Application /
pre-zoning
Discretionary R R A
Large Family
Daycare Permit
Ministerial A
Minor Exception Ministerial A
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Official Code
Interpretation
Ministerial A
Planned
Residential
Development
Discretionary R AR A
Reasonable
Accommodation
Discretionary A
Sign Programermit Ministerial A
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Table 17.125.100 -1: Designated Authority for Approval
Approval Type
(Chapter)
Type of Action
Designated Authority
Community
Development
Director
Planning
Commission
City Council
Similar Use
Determination
Ministerial A
Specific Plan, or
Specific Plan
Amendment
Legislative R R A
Substantial
Conformance
Determination
Discretionary A
Temporary Use
Permit /
Temporary
Event Permit
Discretionary A
Variance Discretionary R A
Zoning Clearance /
Letter
Informational A
A = Approving Authority; R = Recommending Authority
(Ord. 247, 1/15/2025)
§ 17.125.110. Appeals.
An applicant or any other interested party may appeal the decision of the Community Development Director or Planning Commission by the following procedure:
A. Appeals of Community Development Director Decisions. Decisions of the Community Development Director may be appealed to the Planning Commission by filing a written appeal and prescribed appeal fee with the Planning Department.
B. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal and prescribed appeal fee with the City Clerk.
C. Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within 10 calendar days after the date on which the action was taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
D. Procedures.
1. Filing. The appeal shall be filed with the prescribed form and shall identify the name(s) and contact information of person(s) appealing, the decision being appealed and clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. 369
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proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business registration.
3. Transmission of Record. The Community Development Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body. The Community Development Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body. The Community Development Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
4. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision -making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
5. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to Chapter 17.125 (Common Application Processing Procedures). Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.
6. Action. An action to grant an appeal shall require a majority vote of the hearing body members in attendance at the hearing. A tie vote shall have the effect of rejecting the appeal.
7. Request for Review.
a. The City Council shall review a Planning Commission or Community Development Director decision regarding Subdivisions (Title 16) or Zoning (Title 17) matters brought before the Planning Commission for hearing or to the Community Development Director for a Planning Director hearing, if two or more Council members independently file a Council review form with the City Clerk within 10 days after the decision of the Planning Commission or Community DevelopmentPlanning Director. The review form shall be prescribed by the City Clerk and shall not require the Council member to state a reason for the request for review. For all requests for review, it shall be presumed that the reason for the request is that the decision m ay have significant and material effects on the quality of life within the City or that the subject matter of the decision may have City -wide importance warranting review and determination by City's elected officials. Bias shall not be presumed or inferred due to a request for review.
b. The City Clerk shall schedule the review hearing for commencement within 60 days of the receipt of a request for review. There shall be no fee for filing a request for review. The review shall otherwise follow the procedures that would be applicable if an appeal of the decision were filed by an interested person, including, but not limited to, any public notice requirements. If there is no specific appeal procedure, then the review shall follow the procedures of this chapter.
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c. The Council review hearing shall be conducted as a hearing de novo. d. The effectiveness of a Planning Commission or Community Development Planning Director decision subject to Council review shall be stayed pending completion of the Council review proceedings. (Ord. 247, 1/15/2025)
§ 17.125.120. Permit time limits, expiration, and extensions.
A. Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section , or as described within the approved conditions of approval . See Table 17.125.120-1 for permit timelines, expiration, and extensions.
Table 17.125.120 -1 Permit timelines, expiration, and extensions
Type of Approval
Initial Time
Extension Time
Total Time
Number of
Extensions
Extension
Approval
Authority
Ministerial N/A N/A 3 years N/A Community
Development
Director
Discretionary 3 years, or per
condition of
approval
Up to 6 years, or
per condition of
approval
Up to 9 years, or
per condition of
approval
3 Planning
Commission
Development
Review, Minor
3 years 6 years 9 years 3 Community
Development
Director
Development
Review, Major
(including tentative
tract/parcel maps)
3 years 6 years 9 years 3 Planning
Commission
Conditional Use
Permit
3 years 6 years 9 years 3 Planning
Commission
Variance 3 years 6 years 9 years 3 Planning
Commission
Note: In accordance with Ordinance No. 231 (approved June 10, 2023) an additional 2 years of time to issue permits and begin construction may be approved by the Planning Commission for the above development projects if all prior extension of times have been exhausted and which are due to expire between September 1, 2023 and July 30, 2025.
B. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s), as determined by the Community Development Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit.
Following are the criteria for determining if a permit has been exercised and therefore would not expire:
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1. A grading permit followed by a building permit issuance, and construction commenced (and ongoing) on the project.
2. A certificate of occupancy is issued for the use or structure.
3. The site is occupied in accordance with the approved permit.
4. The site is occupied in accordance with an approved phase of a phased development and development has been diligently pursued for future phases of an approved permit.
5. An extension of time is approved in accordance with Section 17.125.120, if applicable.
C. Permit Extensions. All permits granted pursuant to this chapter shall be valid for the length of time specified in Table 17.125.120 -1, following the approval of said permit, unless the permit as granted specifies a specifichorter initia l time period. The permit shall become null and void unless the permits have been issued and /or the use commences, or the approved permit is extended by request of the permittee under the provisions of this chapter. The term "use commences" means either the beginning of substantial construction of facilities for the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use.
1. If an approved permit has not been exercised within the three-year time period above, the permittee may request an extension of time prior to the expiration date provided an application is filed with the with the Commu nity Development Planning Director along with the required fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. Upon receipt of a request for a time extension request, the Community Development Planning Director shall schedule the request for Planning Commission consideration. At least 10 days prior to the scheduled meeting, the Planning Department shall mail a public notice to all property owners of real property within a 600-foot radius of the project boundary. This notice shall include the minimum information specified in Chapter 17.125 (Common Application Processing Procedures) of this Title.
2. Extension of Time Processing Procedures. The Planning Commission in consideringapproving an extension of time for an approved permit mayshall follow the processing procedures outlined below:
a. The Planning Commission shall review the first request for an extension of time, and at their discretion may extend the time to commence the permit for an additional period up to three years, or as described in the conditions of approval, provided the findings outlined in this section are met. b. The Planning Commission shall review t he second request for an extension of time, and at their discretion may extend the time to commence the permit for an additional period up to two years , or as described in the conditions of approval, provided the findings outlined in this section are met. c. The Planning Commission shall review the third request for an extension of time, and at their discretion may extend the time to commence the permit for a final one-year, or as described in the conditions of approval, period provided the findings outlined in this section are met.
d. Additional extensions of time may be granted, at the Planning Commission’s discretion, if the total period does not to exceed nine years from the original 372
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approval date, not considering any tolling of time or State issued extensions , or a total period as described in the conditions of approval. d.e. If the approved permit, along with all the time extensions cited above has not commenced and substantial construction of the facilities for the approved use 373
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has not begun (as defined above), the public use permit shall expire and become null and void, and a new public use permit will be required. i.f. Criteria to Approve an Extension of Time. The Planning Commission in reviewing an extension of time for an approved permit shall only grant the extension of time if all of the following findings are met:
(A)i. The approved permit remains consistent with the adopted General Plan. (B)ii. The approved permit remains in conformance with the requirements this Title.
(C)iii. The setting and local circumstances of the approved permit have not changed in such a way to make the previously approved permit incompatible or inappropriate with the surrounding area. (D)iv. The request and fee for the extension was filed prior to the expiration date of the approved permit.
3. Appeal of the Planning Commission Determination. Any extension of time request, approved or denied, by the Planning Commission may be appealed to the City Council.
Any appeal must be filed with the City Clerk, along with the required fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code, no later than 10 days after the official determination by the Planning Commission.
4. Appeal Hearing Before the City Council. Any appeal of an extension of time request, approved or denied, by the Planning Commission shall be heard by the City Council.
Within 45 days of receiving a request for an application for an appeal for an extension of time, the City Clerk shall schedule the appeal for City Council review and consideration. At least 10 days prior to the scheduled meeting, the Community Development Planning Department shall mail a public notice to all property owners of real property within a 600-foot radius of the project boundary. Said public notice shall include the minimum information specified in Section 17.125 (Common Application Processing Procedures) of this Title. The City Council shall have discretion to approve, deny or approve with additional conditions the requested extension of time.
The decision of an appeal by the City Council shall be final. Permit Expiration.
D. Multiple Entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one permit or approval processed concurrently all permit expiration dates shall be consistent. The longest time to permit expiration date shall apply.
E. Expiration. The City may take action to revoke the permit that has expired.
F. Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site. (Ord. 247, 1/15/2025)
§ 17.125.130. Modifications to previously approved permits.
A. Applicability. A request for approval of a modification to an approved development permit, 374
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conditional use permit, public use permit, or variance, shall be made in accordance with the provisions of this chapter. A modification under this chapter means a determination of substantial conformance or a request for a revised permit as further defined herein. These provisions shall not be appl icable to wind energy conversion system permits.
B. Applications. Applications for substantial conformance or revised permit shall be filed in writing with the Community Development Director, accompanied by the fees as set forth in Chapter 3.44 (Fees), and shall include the following:
1. All information required under this Title for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the Community Development Director;
2. A statement explaining the proposed modification and the reason the modification has been requested;
3. A list of names and addresses of all owners of real property as required by the City, and such additional names and addresses required in order to conform with the notification requirements for processing a permit if the application requires a public hearing;
4. Such additional information as shall be required by the Community Development Director.
C. Requests for Substantial Conformance.
1. A substantial conformance is a request for a non -substantial modification of an approved permit which does not change the original approval or the effect of the approval on surrounding property. A substantial conformance may include, but is not limited to, the following:
a. Modifications for upgrading facilities;
b. Modifications for compliance with the requirements of other public agencies; c. Modifications necessary to comply with the final conditions of approval; d. Modifications to on -site circulation and parking, lighting, fencing or walls (placement and/or height), landscaping and/or signage requirements, provided the modifications, as determined by the Community Development Planning Director, will have no adverse effect upon public health, safety, welfare and/or the environment.
2. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act.
D. Revised Permits. A "revised permit" means a modification of an approved permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in intensity of the approved use, changes resulting in significant adverse effects, expansion within the approved permit area, and changes to the original conditions of approval, including extensions to the overall life of the permitted use, as determined by the Community Development Planning Director.
E. Processing Procedures.
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§ 17.125.130 DEVELOPMENT CODE § 17.125.150
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1. Substantial Conformance. The Community Development Planning Director shall approve, conditionally approve or disapprove an application for substantial conformance within 30 days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice. a. The Community Development Planning Director's determination shall be based upon the standards of this section and those standards set forth in the ordinance codified in this chapter for the approval of an original application. b. An application for substantial conformance shall not require a public hearing.
2. Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to approval of a new permit.
F. Approval Period. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.
(Ord. 247, 1/15/2025)
§ 17.125.140. Reapplications.
A. Applicability. An application shall not be accepted or acted upon if within the past one year the City has denied an application for substantially the same project on substantially the same real property, unless the Community Development Director finds one or more of the following circumstances to exist:
1. New Evidence. There is new evidence that would support approving the project that was not presented during consideration of the application or at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
2. Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous determination that affects the applicant's real property.
3. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application. (Ord. 247, 1/15/2025)
§ 17.125.150. Revocation of variances and permits.
A. Conditions for Revocation.
1. That the use is detrimental to the public health, safety or general welfare, or is a public nuisance;
2. That the permit was obtained by fraud or perjured testimony;
3. That the use is being conducted in violation of the terms and conditions of the permit; 376
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4. That the use for which the permit was granted has ceased or has been suspended for one year or more.
B. Revocation Procedure. Upon determination by the Community Development Director of the Building and Safety Department that grounds for revocation exist, the following procedure shall take effect:
1. Notice of Revocation. Notice of revocation and a copy of the findings of the Director of Community Development the Building and Safety Department shall be mailed by the Director by certified mail to the owner of the property to which the permit or variance applies, as shown by the records of the County Assessor. The decision of the Community Development Director of the Building and Safety Department shall be final unless a notice of appeal is timely filed.
2. Notice of Appeal. Within 10 days following the mailing of the notice of revocation, the owner of the property to which the permit or variance applies may file with the Community Development Planning Director a notice of appeal from the decision of the Community Development Director of the Building and Safety Department . A notice of appeal shall be accompanied by the filing fee set forth in Chapter 3.44 (Fees). A notice of appeal not accompanied by such fee shall be deemed null and void and shall not be processed.
3. Setting Hearing —Costs. Appeals shall be heard by the Council. All other appeals, including appeals concerning commercial WECS permits, shall be heard by the Planning Commission. Notice of the time, date and place of the hearing shall be given as provided in Chapter 17.125 (Common Application Processing Procedures). In the event that an appeal is heard by a hearing officer and the owner of the property to which the permit or variance applies does not prevail in the appeal, the owner shall not be obligated to pay any hearing costs. In the event that an appeal is heard by a hearing officer and the owner of the property to which the permit or variance applies prevails in the appeal, the owner shall not be obligated to pay all hearing costs.
4. Testimony Under Oath. All testimony at the hearing shall be taken under oath.
5. Notice of Decision. Notice of the Planning Commission or Planning Council's decision and a report of the proceedings shall be filed with the City Clerk not later than 15 days following the date the decision is adopted. A copy of the notice and the report shall be mailed to the applicant and proof of such mailing shall be indicated on the original notice filed with the City Clerk. If the Planning Commission or Planning Council does not reach a decision due to a tie vote, such fact shall be reported to the City Council in the same manner and within the same time for reporting decisions and such a failure to reach a decision shall constitute affirmance of the Community Development Building Director's revocation of the permit or variance.
6. Placement of Matter on Council's Agenda. The City Clerk shall place the notice of decision on the City Council's agenda for the next regular meeting to be held following the lapse of five days after the notice is filed with the Council.
7. Transfer to City Council on Appeal. The revocation or nonrevocation of a permit or variance by the Planning Commission or Planning Council shall be final unless, within 10 days following the matter at which the notice of decision was on the agenda of the City Council, the following occurs:
a. An appeal to the City Council is made by the owner of the property which is the subject of the revocation proceedings; or
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§ 17.145.010 DEVELOPMENT CODE § 17.145.060
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CHAPTER 17.145
DEVELOPMENT CODE AND ZONING MAP AMENDMENTS
§ 17.145.010. Purpose.
The purpose of a development code (Title 17) amendment is to allow modification to any provisions of this Title (including the adoption of new regulations or deletion of existing regulations) or to change the zoning designation on any parcel. This section is consistent with Government Code Section 65853.
(Ord. 247, 1/15/2025)
§ 17.145.020. Approving authority.
The designated approving authority for zoning amendments is the City Council. The Community Development Director and Planning Commission shall provide recommendations to the City Council who has the authority to approve, conditionally approve, or deny the zoning amendment in accordance with the requirements of this Title.
(Ord. 247, 1/15/2025)
§ 17.145.030. Initiation of amendment.
A development code amendment to this Title may be initiated by motion of the Planning Commission or City Council, by application by property owners of parcels to be affected by zoning amendment, or by recommendation of the Community Development Director to clarify text, address changes mandated by state law, maintain General Plan consistency, address boundary adjustments affecting land use designations, or for any other reason beneficial to the City.
(Ord. 247, 1/15/2025)
§ 17.145.040. Findings for development code amendment.
Development code amendments shall be granted only when the City Council finds that the changes are consistent with the General Plan goals, policies, and implementation programs. (Ord. 247, 1/15/2025)
§ 17.145.050. Conditions/restrictions.
When considering rezone applications, the City Council has the authority to impose restrictions on property including the restriction and/or condition of use. (Ord. 247, 1/15/2025)
§ 17.145.060. Prezoning.
A. Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation.
B. Review Process. The method of accomplishing prezoning shall be the same as for a Zone Change.
C. Effective Date. Such prezoning shall become effective at the time annexation is complete.
D. As the date of Title 17 adoption, the City does not have any sphere of influence land. 378
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§ 17.150.040 DEVELOPMENT CODE § 17.150.050
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areas.
b. If placed within a rear or side yard, at least three of the sides of a canopy or temporary shade structure must be open and facing away from a structure. c. The total area covered by canopies or temporary shade structures may not exceed 120 square feet.
C. Detached accessory structures as identified in Chapter 17.185 (Accessory Structures). (Ord. 247, 1/15/2025)
§ 17.150.050. Fences, walls, and screens.
Unless otherwise exempt, minor development review approval shall be required for fences and walls.
A. Exemptions. The following fences and walls shall be exempt from planning review (a building permit may be required as determined by the Chief Building Official):
1. Retaining Walls. Retaining walls less than 36 inches in height.
2. Residential Fences. Fences located on residential property (privacy fences) constructed in compliance with the standards of this section.
3. Required Fences. Fences and walls required by a state or federal agency, or by the City for public safety.
B. Height Limits and Locations. For all residential zoning districts in the City, each fence or wall (including landscaping used as a screen) shall comply with the height limits and locations shown in Table 17.150.050-1 (Maximum Height of Fences and Walls in Required Yard Areas).
Table 17.150.050 -1 Maximum Height of Fences and Walls in Required Yard Areas For lots less than one acre in size
Location of fence/wall/screen Maximum Height
Within required front yard area (Applies to the entire
area in the front yard/setback area of a house, as defined by the front façade.)
3.5 feet (42") for solid fences/garden walls . 5 feet for chain link and wrought-iron fencing. Decorative pilasters (w/cap) & gates (at the crown peak cannot exceed 6 feet).
Within required rear and interior side yard area (along rear and interior property lines)
6 feet
Within required street side yard area 6 feet
At intersections of streets, alleys, and driveways within the clear visibility area
Fences/walls located at intersections of streets, alleys, and driveways must maintain clear visibility as defined by the City Engineer.
Fences, walls, and screening are not required between land uses unless otherwise specified in the Zoning Ordinance. Fences, walls, and screening must also be located outside of any public utility easement, except as authorized by the applicable utility agency.
Table 17.150.050 -1 Maximum Height of Fences and Walls in Required Yard Areas 379
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For lots less than one acre in size
Location of fence/wall/screen Maximum Height
Fences, walls and hedges not exceeding 12 feet in height shall be permitted to enclose sports courts located within the rear half of the lot; provided, however, such enclosure shall be located not less than 3 feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than 6 feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than 10%.
Within required front yard area (Applies to the entire
area in the front yard/setback area of a house, as defined by the front façade.)
6 feet for solid fences/decorative walls. Decorative
pilasters (w/cap) at gate entry cannot exceed 7 feet.
Gates (at the crown peak) cannot exceed 8 feet
Within required rear and interior side yard area (along rear and interior property lines)
6 feet
Within required street side yard area 6 feet
At intersections of streets, alleys, and driveways within the clear visibility area
Fences/walls located at intersections of streets, alleys, and driveways must maintain clear visibility as defined by the City Engineer.
Fences, walls, and screening are not required between land uses unless otherwise specified in the Zoning Ordinance. Fences, walls, and screening must also be located outside of any public utility easement, except as authorized by the applicable utility agency.
Fences, walls and hedges not exceeding 12 feet in height shall be permitted to enclose sports courts located within the rear half of the lot; provided, however, such enclosure shall be located not less than 3 feet from any side or rear property line; and provided, further, however, that any portion of the enclosure which is higher than 6 feet shall be composed of wire mesh or other material whose vertical surface shall not be closed more than 10%.
C. Height Measurements.
1. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Grade may not be modified in order to increase fence height.
2. The height of fencing placed atop a wall shall be measured from the base of the wall, except as provided in subsection (3)c of this section.
3. The height of the fence must not exceed six feet as measured from the base of the wall and/or fence from the perspective of the sidewalk, roadway and/or adjacent property.
D. Retaining Walls
1. Retaining walls shall not exceed six feet in height except in front yards areas where they shall not exceed thirty -six (36) inches in height. However, retaining walls necessary for the construction of an adjacent driveway may be constructed to a maximum of six feet in height anywhere on the property.
1. Any retaining wall exceeding the maximum height shall be stepped a minimum of three (3) feet horizontally to break up wall heights beyond the maximum allowed , or may use o ther similar methods that break up the wall heights as determined by the Community Development Director.
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Figure 17.150.050-1 - Height Measurements
D. F. Prohibited Fences. The following fence materials are prohibited in all zones.
1. Garage doors, tires, pallets, shipping containers, buses, truck trailers, or other materials not typically used for the construction of fences.
2. Barbed wire or electrified fence (Except within the R -A and R -R zone districts for agricultural use).
3. Chain link fencing within a front yard or street side yard .
4. Razor wire or similar.
E. G. Nonresidential Walls and Fences. Fences, walls, and screening in Commercial and Industrial zones shall be constructed of long-lasting materials and architecturally integrated with the site design and surrounding area. The following regulations shall apply:
1. Fences and walls for screening purposes in commercial and industrial zones shall be approved by the Community Development Director and be constructed of decorative masonry walls, tubular steel, or wrought iron not to exceed six feet in height. When a screening wall is facing a public right-of-way or is not solid, a green wall or a landscaping strip with a minimum width of five feet shall be provided for the length of the wall and include planting of 15 -gallon trees placed 10 -feet on center. As an alt ernative, a three -foot high planter with vines and shrubs that will grow to six feet in height shall be installed adjacent to the wall. Wall materials are subject to the approval of the Community Development Director or Planning Commission as part of a pro posed development review or CUP application.
2. Where a commercial or industrial zone abuts a residential zoning district, a solid decorative masonry (such as slump stone, split -face, etc.) wall six feet in height shall be constructed on the zone boundary line. Walls may be constructed up to eight feet in height to mitigate noise and visual impacts subject to the approval of the Community Development Director or Planning Commission if part of a proposed devel opment review or CUP application. 382
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§ 17.155.010 DEVELOPMENT CODE § 17.155.030
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CHAPTER 17.155
PARKING AND LOADING
§ 17.155.010. Purpose.
The purpose of this chapter is to provide sufficient off -street parking and loading spaces for all land uses in the City and to assure the provision and maintenance of safe, adequate and well - designed off -street parking facilities. It is the intent of this chapter that the number of required parking and loading spaces will meet the needs created by the particular uses. The standards for parking facilities are also intended to reduce street congestion and traffic hazards, promote vehicular and pedestrian safety and efficient land use. (Ord. 247, 1/15/2025)
§ 17.155.020. Applicability.
Off-street vehicle parking shall be provided in accordance with this chapter when the associated building or structure is constructed, or the use is established. Additional off -street parking shall be provided in accordance with this chapter when an existing building is altered or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use.
(Ord. 247, 1/15/2025)
§ 17.155.030. Parking design standards.
A. Approval of Off -Street Parking Plan. Development review, pursuant to the provisions of Chapter 17.85 (Development Review , Major ), and Chapter 17.90 (Development Review, Minor), shall be filed for approval of all off -street parking facilities, except for one - and two-family residences, unless the off -street parking facilities are approved as a part of a Development Review and/or use permit , conditional use permit or public use permit approval.
B. Number of Required Parking Spaces. In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the various uses computed separately unless shared parking is approved as provided in this Title.
C. Location and design of parking spaces unless otherwise specified, all parking must be within 300 feet of the use served on the same parcel as the use, or on an adjoining appropriately zoned parcel.
1. All vehicle storage (stacking) spaces shall be located off -street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area.
2. Required parking for any uses outlined in in this section may be reduced in accordance with the "Alternative Programs for Parking" allowances outlined Section
17.155.030(C)(6) and (C)(7) of this Title.
3. The following table is designed to allow calculation of parking spaces required for the uses shown:
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are not specifically stated, the parking requirement for such use shall be determined by the Community Development Director based on the requirement for the most comparable listed use in this Title.
5. Requests for Modifications from Parking Standards. The Community Development Director may, without notice or hearing, permit modifications to the circulation and parking layout requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.
6. Alternative Programs for Parking. A residential, commercial or industrial project may provide for alternative programs which reduce parking demand in return for a reduction in the number of off -street parking spaces required. a. Alternative programs that may be considered by the Community Development Director under this provision include, but are not limited to, the following:
i. Private Carpool/Vanpool Operations. Office or industrial developments which guarantee preferred parking spaces to employees who participate regularly in a car or van pool may have their parking requirement reduced by two parking spaces for every one space which is marked for car or van pool at a preferred location.
ii. Mass Transit. Developments which are located within 150 feet of a mass transit facility may have their parking requirement reduced by two percent of the total number of required parking spaces.
iii. Planned Residential Development —Senior Citizen. A 20% reduction in the total number of required parking spaces may be allowed when an alternative senior citizen transportation program is proposed. iv. Bicycle Parking. Developments which provide secured bicycle parking facilities exceeding the minimum requirement may reduce the number of required parking spaces by one vehicle space for every three additional bicycle spaces provided.
v. Shared Parking Requirements. In order to encourage efficient use of parking spaces and good design practices, the total parking requirements for conjunctive uses shall be based on the number of spaces adequate to meet various needs of the individual uses operating during the peak parking period.
(A) The Community Development Director may, upon application by the owner or lessee of any property, authorize shared use of parking facilities under the following conditions:
(1) Sufficient evidence shall be presented to the Community Development Director to demonstrate that the peak hours of parking demand from all uses combined do not coincide/
conflict with the principal hours or peak parking demand which propose to share parking. The efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately.
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(2) The building or use for which an application for shared parking is being made shall be located within 150 feet of the parking area to be shared.
(3) No more than 50% of the parking space requirement shall be met through shared parking.
(4) Parties sharing off -street parking facilities shall provide evidence of a reciprocal parking agreement for such joint use by a proper legal instrument recorded in the office of the County Recorder with the number of copies as required and thereof filed with the Building and Safety Department.
vi. Shared Parking Agreement. A written agreement between the landowners and in some cases the City that runs with the land shall be filed, in a form satisfactory to the City Attorney, and include:
(A) A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for approval of an amended conditional use permit, development permit, or other discretionary approval as appropriate;
(B) A reciprocal grant of nonexclusive license among the business operator(s) and the landowner(s) for access to and use of the shared parking facilities;
(C) Evidence that the agreement has been recorded in the County Recorder's office.
7. Special Review of Parking. The Community Development Director may reduce the parking requirement, as required above, for any use or combination of uses as part of the review of a development plan, including, but not limited to, minor or major development review, conditional use permit, or planned residential development, based on the following conditions:
a. The applicant shall submit a request for modification of parking standards, including sufficient evidence and documentation, to demonstrate to the Community Development Director that unusual conditions warrant a parking reduction. Evidence shall include, b ut is not limited to, the following:
i. Information showing that the parking area serves uses having peak parking demands which occur at different times;
ii. Floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed; iii. Documentation that other programs which will be implemented by the developer or tenant(s) will result in a reduced parking demand, such as the provision of monetary incentives to employees who regularly utilize public transit or participate in a car or van pool.
b. As a condition of approval for a parking reduction, the applicant may be required to record agreements or covenants prior to issuance of a building 385
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permit, which assure that appropriate programs are implemented for the duration of the parking reduction.
c. Criteria for Approval. The Community Development Director shall only grant approval if it is determined that the project meets three or more of the circumstances listed below and are true.
i. The use will be adequately served by the proposed parking due to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a travel demand management program that will reduce parking demand at the site.
ii. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on -street parking in the surrounding area.
iii. The site plan is consistent with the objectives of the zoning district and incorporates features such as unobtrusive off -street parking placed below the ground level of the project with commercial uses above or enclosed parking on the ground floor.
iv. The applicant has provided on -site parking for car -share vehicles via a recorded written agreement between the landowner and the City that runs with the land. Agreement shall provide for proof of a perpetual agreement with a car -share agency to provide at least one car share vehicle on -site. d. The Community Development Director, at his/her discretion, may elevate the request for a reduction of parking requirements as outlined above to the Planning Commission for review and approval. If the request is part of a proposed development permit, conditional use permit, public use permit , planned residential development or a specific plan, the request shall automatically be reviewed and approved by the Planning Commission as part of the underlying discretionary action.
8. Development Standards for Off-Street Parking Facilities—Layout Design Standards.
All parking areas shall be designed as follows:
a. Location of Parking Areas. No parking space shall be located within three feet of any property line. No parking space located on driveways providing direct access to a street shall be located closer than 30 feet from the property line at the right-of-way.
b. Parking Space and Driveway Specifications. The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be arranged in accordance with the following tables entitled Dimensions of Parking Spaces and Aisles and Dimensions of Driveways.
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"COMPACT CARS ONLY." Compact car parking spaces may be reduced (from the dimensions listed in the table) as follows:
i. In width by no more than one -half foot,
ii. In length by no more than two feet.
iii. When an entire section of the parking area is restricted to compact car parking, and the parking spaces are at a 90 degree angle to the aisle, the aisle width may be reduced to 23 feet.
d. Off-street parking for private residences shows in Table 17.155.030-3.
Table 17.155.030 -3 Dimensions of Driveways
Type Of Use Minimum Width of Driveway
One-family and two -family dwellings 12 feet
Multiple family or apartment complexes:
• less than 100 units (Carports or garages may be
allowed on one side.)
24 feet
• 100 to 300 units (Carports or garages may be allowed
on both sides.)
28 feet
• more than 300 units (Carports or garages may be
allowed on both sides.)
34 feet
Commercial/Industrial (The driveway shall have a
vertical clearance of 13 feet and 6 inches.)
24 feet
All driveways located within a road right-of-way shall be approved by the Transportation Public Works Director or City Engineer.
Where parallel parking is allowed, the minimum width shall be increased by eight feet for parking on one side and by 16 feet for parking on both sides.
Stub streets in excess of 150 feet shall have a minimum 45-foot radius turnaround at the end, or as otherwise approved by the Fire Department.
e. Surfacing Standards for Parking Areas. The following standards shall apply to the development of all off-street parking facilities, including driveways, whether the space is required or optional.
Table 17.155.030 -4 Surfacing Standards
Type of Use Surfacing Materials
One and two family residences
less than 1/2 acre parcel Concrete, asphaltic concrete, brick or equivalent equal to or greater than 1/2 acre parcel At least 3 inches of decomposed granite or equivalent Multiple family residences Concrete, asphaltic concrete, brick or equivalent driveways with an inverted section shall be constructed with a concrete ribbon gutter
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Table 17.155.030 -4 Surfacing Standards
Type of Use Surfacing Materials
All other uses
At least 25% of the total street frontage within 660 feet from the boundaries of the proposed use, including both directions from the property and both sides of the street, is in commercial, industrial, residential use or other
developed use. Where the proposed use would front on
2 or more streets, this provision refers to the street with the greater General Plan designation or right -of-way
requirement.
Concrete surfacing with a minimum thickness of 3 1/2 inches, with expansion joints; or asphaltic concrete
paving compacted to a minimum thickness of 3 inches
on 4 inches of Class 2 base.
Other cases where the aforementioned circumstances do not apply or as determined by the Community
Development Director.
A base of decomposed granite or equivalent compacted
to a minimum thickness of 3 inches to act as an all -
weather surfacing material
f. Off-Street Parking Area Striping.
i. If five or more parking spaces are provided, each space shall be clearly marked with white paint or other easily distinguishable material. ii. If 10 or more parking spaces are provided, and one -way aisles are used, directional signs or arrows painted on the surface shall be used to properly direct traffic.
g. Drainage. All parking areas, including driveways, shall be graded to prevent ponding and to minimize drainage runoff from entering adjoining properties. h. Curbs, Bumpers, Wheel Stops or Similar Devices. Public parking areas shall be equipped with permanent curbs, bumpers, wheel stops or similar devices so that parked vehicles do not overhang required walkways, planters or landscaped areas.
i. If the method used is designed to stop
the wheel rather than the bumper of the
vehicle, the stopping edge shall be
placed no closer than two feet from the
edge of any required walkway, planter
or landscaped area, or from any
building.
ii.v. The innermost two feet of each parking
space, between the wheel stop or other
barrier, and any required planter or
walkway, may either: Be paved; or be
planted with low ground cover.
This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement(s). 388
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CHAPTER 17.156
LANDSCAPING STANDARDS
Prior History: Former Ch. 17.160 W -1 Watercourse, Watershed and Conservation Areas Zone, compiled of RCC Ch. 17.160; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025.
§ 17.156.010. General landscaping provisions.
A. Application Requirements. A landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be required for all development review (minor and major) , conditional use permits, subdivisions, and any other permit when the Community Development Director deems it necessary.
1. The landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted under one application consistent with the provisions of Chapter 17.125 (Common Application Processing Procedures). The landscaping plan, landscaping grading plan, irrigation plan and shading plan may be submitted on four separate exhibits or may be combined on one to three exhibits, provided that the information required to be displayed for each plan is legible and clearly discernible.
2. No less than the number of copies as determined by the Community Development Director of the landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted for approval by the Community Development Director.
3. All landscaping shall comply with Chapter 17.160 (Landscaping Standards), Chapter
17.165 (Water Efficient Landscapes), and the City's Landscape Design standards and Guidelines in regard to water -efficient landscaping.
4. All plans shall show the following information:
a. The first sheet of a multiple sheet set shall contain a title block with the name and address of the project, sheet number, and numbers of sheets and a revision block to indicate date and type of revisions.
b. Each sheet shall show the required technical data, including scale of drawing, north arrow, date drawn, and dates of revisions (if applicable), all property lines and project limits, if other than property limits, all easements, fences, walls, curbs, roads, walks, structures, mounds, swales, manholes, banks, and all plant and landscaping materials, grading, irrigation and other exterior elements proposed. A legend shall also be included for each symbol used.
B. Landscaping Plan Requirements.
1. The location of all existing landscaping materials, and where proposed landscaping material is to be placed shall be shown. Existing trees shall be preserved whenever it is practical to do so and shall be shown on the landscaping plan. Any existing trees to be removed shall also be shown on the landscaping plan.
2. The quantities, sizes and locations of all trees, shrubs and ground cover, hydroseed and wildflower mixtures, etc., shall be indicated. Trees shall be a minimum 15 gallon 389
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size. Shrubs shall be a minimum five -gallon size; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable.
3. All trees and shrubs shall be drawn to reflect the average specimen size at 15 years of age. Trees shall be drawn to size as indicated on the shade tree list as provided in the Riverside County Guide to Trees, Shrubs and Ground Covers.
4. All plants shall be listed by correct botanical name and common name.
5. The soil surface of all planters shall be shown planted or covered with suitable material.
6. Lawns shall be indicated by common name of species and method of installation (seeding, hydro mulching or sodding).
7. Proposed treatment of all ground surfaces, including paving, turf and gravel.
8. Planting details and methods of application shall be shown.
9. Complete construction detail referencing (fencing, walls, etc.) shall be indicated.
C. Landscaping Grading Plan Requirements. The grading plan shall show the drainage of all planting areas and the heights of mounds. Mounds shall not exceed 3:1 slope, and no mound over 30 inches high shall be placed within 10 feet of any street and/or alley intersections.
D. Irrigation Plan Requirements. An irrigation plan shall show the following:
1. Locations of all irrigation components, such as sprinkler heads, valves, pipes, backflow prevention devices and water taps, and if applicable, automatic controllers, quick couplers, hose bibs and washer boxes.
2. Proposed radius or diameter of throw (sprinkler coverage) at a stated pressure (PSI) for each sprinkler head.
3. Worst case irrigation system pressure loss calculations.
4. Static water pressure PSI (pounds per square inch), available GPM (gallons per minute), water pressure zone, agency reading locations and source of information for each one.
5. Required water budget calculations based on the Riverside County Guide to Trees, Shrubs and Ground Covers.
E. Shading Plan Requirements.
1. Parking area landscaping shall include shade trees from the Riverside County Guide to Trees, Shrubs and Ground Covers, unless otherwise approved by the Community Development Director, so as to provide for adequate shade canopies within 15 years of age as follows:
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Table 17.160.010-1 Percentage of Total Parking Area Required to be Shaded
Number of Parking Spaces
Percentage of Parking Area to be
Shaded
(Minimum Percent)
05—24 spaces 30
25—49 spaces 40
50+ spaces 50
Note: The percentage of parking area required to be shaded shall be based on the number of uncovered parking spaces; driveways and aisles are excluded.
Multilevel parking structures are exempt from shading requirements.
2. Trees shall be a minimum 15 gallon size at planting.
3. Trees shall be planted and maintained throughout the parking area to ensure that within 15 years, the percentage of the parking area that is shaded is no less than the minimum amount required by the table entitled Percentage of Total Parking Area Required to be Shaded. The parking area shading plan shall be developed in compliance with a landscaping plan. Each planting area shall be of adequate size for the landscaping approved and shall have adequate irrigation for that landscaping.
F. Landscaping Design Standards. Landscaping shall be incorporated into the design of all off-street parking areas, including covered and decked, as follows:
1. General Landscaping Provisions.
a. These provisions apply to:
i. Landscaping throughout and immediately surrounding parking areas, ii. Additional landscaping as required by a zone classification. b. Landscaped areas shall be distributed throughout the entire off -street parking area as evenly as is appropriate in the design of the parking facility. c. Nothing in this subsection shall preclude the installation of additional landscaping and the planting of additional trees so long as such planting is consistent with visibility regulations.
d. Any open areas in the interior shall be landscaped with appropriate plant materials and maintained in good condition as provided in this Title. e. All landscaped areas shall be designed so that plant materials are protected from vehicle damage, encroachment or overhang.
f. All trees shall be double -staked and secured with a rubber or plastic strip, or other commercial tie material. Wire ties shall not be used. g. No trees shall be planted within 10 feet of driveways, alleys and/or street intersections.
h. All landscaping shall be within planters bounded by a curb at least six inches 391
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high.
i. A six-inch high curb with a 12-inch-wide concrete walkway shall be constructed along planters on end stalls adjacent to vehicle parking spaces. j. In urban areas, all parking areas shall be screened from view along the entire perimeter of the parking lot by the construction of either a three -foot high and three-foot wide earthen berm, or a three -foot wide planter with shrubbery that can be maintained at a height of three feet. When the parking area is adjacent to a public road right -of-way, the berm or planter shall be five feet in width. k. In addition to the perimeter landscaping required by this Title, parking areas of five spaces or more shall be required to provide additional landscaped areas within the parking area. A minimum percentage of the total parking area shall be landscaped as follows:
Table 17.160.010 -2 Minimum Percentage of Total Interior Parking Area to be Landscaped Parking Spaces Required 5—24 Spaces 25—49 Spaces 50+ Spaces Percentage To Be
Landscaped
5.0% 7.5% 10.0%
Percentage To Be
Landscaped Along State
and County Scenic
Highway
6.0% 8.5% 11.0%
l. At the discretion of the appropriate authority, a barrier free, four-foot wide paved walkway may be provided through the required planter at street and driveway intersections to provide unencumbered access for persons with disabilities from the sidewalk to the parking lot.
i. Such a walkway shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps, if provided. ii. Bus shelters may be located within this planter if approved by the Community Development Director. Such shelters shall not be placed so as to reduce the number of trees which are otherwise required by this article.
2. Planter Provisions. Planters containing organic landscaping shall be provided adjacent to and within parking areas. The dimensions of a planter refer only to that which is plantable area.
a. No planter shall be smaller than 25 square feet.
b. Each planter shall include an irrigation system.
c. The planter shall include shrubs, hedges, and other natural growth or other features such as berms, designed to form a partial visual screen at least three feet in height, except within 10 feet of street and driveway intersections where landscaping shall not be permitted to grow higher than three feet. d. A planter at least five feet wide shall be provided adjacent to all public road 392
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right-of-ways. Any area within the road right-of-way between the edge of the walkway and outer edge of the right -of-way shall also be developed as a landscaped area in conjunction with the required planter, unless this requirement is waived by the Community Development Director.
i. A planter at least five feet wide shall be provided adjacent to properties used for residential purposes. Within this planter, one screen tree from the Riverside County Guide to Trees, Shrubs and Ground Covers shall be planted at an average distance apart of at least every 25 feet on center in combination with other plants to provide a dense visual screen. ii. A planter at least eight feet wide shall be located at least 45 feet apart for every 150 feet of frontage along a public road right -of-way. Within this planter, trees from the Riverside County Guide to Trees, Shrubs and Ground Covers shall be planted no farther apart than 25 feet on center, and at least five feet, but not farther than 10 feet, from the back of the walkway. e. All planters located adjacent to end parking spaces shall have a six-inch high and 12-inch-wide concrete walkway.
3. Plant Materials Provisions.
a. Existing mature trees on the site shall be preserved whenever it is practical to do so.
b. All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects and diseases. Plant materials showing such damage shall be replaced by the same or similar species. c. Planting areas shall be kept free from weeds, debris and undesirable materials which may be detrimental to public safety, drainage or site appearance. d. Drought tolerant species and native species are to be used to the maximum extent possible over non -drought tolerant and nonnative species. i. The quantity and extent of drought tolerant species shall be dependent on the climatic zone of the project.
ii. Landscaping may include natural features such as rock and stone, non - drought tolerant plants and structural features such as fountains, reflecting pools, art work, screens, wall and fences.
e. Plant materials shall be grouped together in regard to water and soil requirements. In order to conserve water, alternative types of low volume irrigation concepts may be used, including, but not limited to, drip/trickle, rotary spray, mini -spray, bubbler, and perforated soaker tubing.
4. General Irrigation Provisions.
a. An automatic irrigation system for all planted areas shall be required. i. The layout of the system should consider meter water pressure, pipe size and length, and type of heads (sprinkler, bubbler or rainbird). 393
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ii. Hose bibs shall be located in each tree well site as may be considered adequate for irrigation of the trees.
b. Sprinkler spacing shall not exceed the manufacturer's recommended spacing or, if no spacing is recommended, spacing shall not exceed 60% of the diameter of throw (sprinkler coverage).
c. No sprinklers on risers shall be installed next to walks, streets and/or pavement.
Sprinklers in hazardous locations shall be flush mounted on high pop models only.
d. Backflow prevention devices for sprinklers shall comply with the latest edition of the Uniform Plumbing Code as adopted by the City.
G. Requests for Modifications from Landscaping Standards. The Community Development Director may, without notice or hearing, permit modifications to the landscaping requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.
H. Enforcement of Landscaping Design Standards.
1. Prior to the issuance of a final building occupancy certificate, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Community Development Director.
a. The plants shall be healthy and free of weeds, disease or pests. b. The irrigation system shall be properly constructed and in good working order.
2. Prior to the issuance of a building permit, performance securities in an amount to be determined by the Community Development Building and Safety Director shall be filed with said Director, so as to guarantee:
a. The installation of plantings, walls and fences in accordance with the approved landscaping plan when the total uncovered parking area on the property, including adjoining parcels over which the property has a shared parking agreement, and/or any other par king agreement exceeds 3,600 square feet; and b. The adequate maintenance of the planting for one year.
3. The Community Development Building and Safety Director shall be authorized to execute, on behalf of the City, the required agreements and bonds and those forms and terms approved by the City Council. Acceptable forms of security shall be limited to the following:
a. A bond from a duly authorized corporate surety;
b. A deposit of cash with the City;
c. An irrevocable instrument of credit from a regulated financial institution; or d. An irrevocable letter of credit issued by a regulated financial institution; provided, that a cash bond is required to guarantee the installation of plantings, walls and fences when the estimated cost is equal to or less than the cost determined by the Building and Safety Department. The remaining performance 394
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§ 17.176.020 DEVELOPMENT CODE § 17.176.030
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2. Signs shall be cleaned, updated and/or repaired as necessary to maintain an attractive appearance and to ensure safe operation;
3. All equipment related to the sign operation such as transformers, programmers and other items shall be concealed within the sign structure when possible or painted to match the building.
4. Banner shall be attached flat against the wall or fascia of a building and not hung from poles, awnings, eaves or similar structures. Banners shall be hung with permanent attachments, such as bolts or screws, and not be tied to a structure with rope, twine or similar materials. Banners that are faded and/or torn shall be removed or replaced. (Ord. 247, 1/15/2025)
§ 17.176.030. Sign standards by type.
No person shall erect an on -site advertising structure or sign in the City in violation of the provisions contained within any specific zoning classification in this Title or in violation of the following provisions:
A. Freestanding Freeway Signs.
1. Located within 660 feet of the nearest edge of a freeway right-of-way line. a. The maximum height of a freeway identification sign shall not exceed 60 feet; b. The maximum surface area of a freeway identification sign shall not exceed 150 square feet per sign face.
2. Shopping Centers. Notwithstanding the provisions of subsection A above, a shopping center may have a freestanding center identification sign as follows:
a. One center identification sign per street frontage is allowed. One additional center identification sign per street frontage may be allowed if approved by the Planning Commission as part of a sign program.
b. The maximum surface area of the center identification sign shall not exceed 100 square feet per sign face.
c. The maximum height of a center identification sign shall not exceed 20 feet. d. Signs for individual businesses within a shopping center are permitted as provided in this chapter and in accordance with any adopted sign program for the center.
3. Number of freestanding signs, other locations.
a. The maximum height of a sign shall not exceed 20 feet; b. The maximum surface area of a sign shall not exceed 100 square feet per sign face.
c. Not more than one freestanding sign shall be permitted on a parcel of land, except that if a business has frontage on two or more streets, the business shall be permitted one freestanding sign per street frontage provided that the signs are 395
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not located on the same street and are at least 100 feet apart.
B. Window Signs.
1. Dimensions.
a. The maximum width shall be 50% of the total width of the window. b. The maximum height shall be 50% of the total height of the window. c. The maximum size shall be 25% of the total area of the window.
2. Maximum one window sign per window.
3. Window signs are only permitted on ground floor windows and expressly prohibited on upper story windows.
4. Permanent window signs shall be individually painted, etched, or otherwise applied graphics surrounded by clear glass, and shall be painted, applied, or adhered to the interior surface of the glass.
5. Holiday window painting, such as for Christmas and Halloween, shall be permitted and shall be exempt from the window sign limitations. However, such painting shall contain no reference to named goods or services, and shall be removed within 12 days after the applicable holiday.
C. Signs Affixed to Building, All Areas.
1. No sign shall be affixed on, above or over the roof of any building, and no on -site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard-style roof shall be considered a parapet.
2. The maximum surface area of signs affixed to a building shall be as follows:
a. Front wall of building: surface area of the sign shall not exceed 10% of the surface area of the front face of the building.
b. Side walls of a building: surface area of the sign shall not exceed 10% of the surface area of the side face of the building.
c. Rear wall of a building: surface area of the sign shall not exceed five percent of the surface area of the rear face of the building.
D. Subdivision Signs. Subdivision signs shall be subject to the following minimum standards:
1. Signs must be within the subdivision boundaries;
2. No sign shall exceed 100 feet in surface area;
3. No sign shall be within 100 feet of any existing residence that is outside of the subdivision boundaries;
4. No more than two such signs shall be permitted for each subdivision;
5. No sign shall be artificially lighted.
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E. Electronic Message Signs (Board). This sign type is intended to provide for the location of centrally controlled message signs incorporating an illuminated LED panel at public facilities throughout the City for the purpose of providing information to the public.
Electronic message board signs shall be subject to the following:
1. Type. Community electronic message signs must be one of the following types:
a. Monument (ground-mounted on a base).
b. Pole (elevated above the ground on a central support). c. Building-mounted (affixed to a building).
d. Standards for each sign type are provided below.
2. Brightness. The electronic message portion of the sign shall comply with all applicable lighting provisions of Chapter 8.64 (Light Pollution) of the Wildomar Municipal Code.
3. Enclosures and Supports. Sign enclosures and supports must be designed to be compatible with the architecture of the school or other buildings on the site.
4. Number and Spacing of Signs.
a. No more than one sign may be placed on a site (school, park, public facility, etc.), except that two signs may be placed at the high school. b. No specific spacing is required between signs, except that the Planning Commission may impose a spacing requirement based on site -specific circumstances as part of the review of the conditional use permit for an individual sign.
5. Height, Size, Hours of Operation and Other Standards. Standards for the various types of community electronic message signs are as follows:
a. Monument Signs.
i. Maximum height shall not exceed 10 feet.
ii. Maximum screen size shall not exceed four feet high by eight feet wide. iii. Sign may be single- or double-sided. Size for a double-sided sign is calculated by measuring one sign face.
b. Pole Signs.
i. The maximum height shall not exceed 20 feet. The maximum height to the bottom of the LED panel shall not exceed 12 feet.
ii. The maximum screen size shall not exceed six feet high by 12 feet wide. iii. The sign support must be at least one -third the width of the sign face. c. Building-Mounted Signs.
i. The sign must be mounted to a vertical surface, such as a building wall or 397
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other architectural feature, provided that the top of the sign may not be more than 45 feet above the ground at the base of the wall. ii. The sign may not project over the top of the wall on which the sign is placed.
iii. The LED panel may not exceed eight feet high by 16 feet wide. d. Hours of Operation.
i. Signs may be operated between the hours 6:00 a.m. and 10:00 p.m. e. Content.
i. Community electronic message signs may display advertising messages for uses not located on the site.
f. Permitted Locations. Signs may be placed at the following locations:
i. Up to nine signs may be placed at public schools.
ii. Up to five signs may be placed at public parks.
iii. Public facilities.
iv. City-owned property.
v. Public road right-of-way (except roadway medians).
vi. Signs at public facilities, City -owned property, and public road right -of- way may only be installed and operated by the City, or by another entity specifically authorized by the City.
g. Prohibited Locations. Community electronic message signs may not be placed in any of the following locations:
i. Private property.
ii. Roadway medians.
F. Electronic Message Signs (Changeable). Electronic changeable copy signs and electronic graphic display signs shall be permitted only within the C -G, C -H and I -M zones as a freestanding business identification sign for individual businesses on a single parc el of land, or as a freestanding center/business identification sign for commercial retail shopping centers adjacent to Interstate 15 freeway subject to the development standards outlined in this section. In addition, these sign types shall be permitted for private schools and non - profit service club organizations located on a single parcel of l and in any zone subject to the development standards outlined in this section. A development permit and/or sign program application is required for these electronic message sign types and shall be approved by the Community Development Planning Director prior to the issuance of any building/electrical permit by the Building Department.
1. Prohibited Electronic Sign Types. Signs with mechanical moving parts (e.g., multi - vision signs) and signs with video or other types of moving lights or visual images (e.g., video display signs) are prohibited within all Wildomar zoning districts. 398
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2. Exempt Electronic Signs. Time and temperature display signs that are smaller than 12 square feet in size are exempt from these requirements.
3. Development Standards (Individual Businesses on a Single Parcel). The following standards shall apply to all electronic message sign types. a. A maximum of one electronic message sign is allowed per street frontage and can only be included as part of a freestanding business identification sign. b. An electronic message sign is limited to a maximum sign area of 50 square feet per sign face.
c. No more than 50% of the total business identification sign area can be allocated to the electronic message portion of the sign.
d. Business identification sign which include an electronic message sign are limited to a maximum height of 15 feet.
e. The sign shall only be located on the site of the use identified/advertised by the sign.
f. When proposed, a monument base for the proposed sign type shall be constructed of materials that are consistent with the materials of the building for the business. The monument base shall be included in the total sign height. g. The electronic message sign shall be located no closer than 100 feet from an abutting residential zone district boundary, and shall not produce any glare into an adjacent residence.
h. Audio speakers are prohibited in association with any electronic message business identification signs.
i. The provisions in Table 17.180.030 -1 (Additional Standards for Electronic Message Signs) shall apply as noted.
4. Development Standards (Commercial Retail Shopping Centers). The following standards shall apply to all electronic message sign types. a. A maximum of one electronic message sign is allowed for a commercial retail shopping center with a minimum site size of four gross acres. b. An electronic message sign shall be limited to a maximum sign area of 200 square feet per sign face and shall not exceed 45 feet in height. c. The electronic message sign shall be located on the site adjacent to and oriented toward Interstate 15 freeway as determined by the Community Planning Director. d. The electronic message portion of the sign may only display on-site commercial messages and noncommercial messages.
e. The monument base for the proposed sign type shall be constructed of materials that are consistent with the materials approved with the commercial center. The monument base shall be included in the total sign height outlined above. f. Audio speakers are prohibited in association with any electronic message 399
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business identification signs.
g. The electronic message sign shall maintain a minimum setback of five feet from the freeway right -of-way and/or street property line.
h. The electronic message portion of the sign shall comply with all applicable lighting provisions of Chapter 8.64 (Light Pollution) of the Wildomar Municipal Code.
i. The provisions in Table 17.180.030 -1 (Additional Standards for Electronic Message Signs) shall apply as noted.
5. Freeway Oriented Electronic Graphic Display Sign Regulations for Medical Centers. a. Intent. It is the intent of this subsection to establish sign regulations for electronic graphic display freeway signs proposed as a freestanding business identification sign for medical centers to provide business identification and visibility for the Interstate 15 freeway.
b. Applicability. An electronic graphic display freeway sign for medical centers shall be permitted only within the C -G and C -H zones on property adjacent to the Interstate 15 freeway subject to the development standards outlined in this section.
c. Medical Centers Defined. Medical centers as defined in this subsection includes hospitals and/or medical office buildings providing health care services in the City of Wildomar.
d. Permit Required. Prior to any permit being issued, a sign package that includes a development permit, architectural elevations, all electrical, lighting and structural design specifications (accompanied by the appropriate processing fee) shall be submitted to the Chief Building Official and Community Development Planning Director for review and approval.
e. Development Standards. The following standards shall apply to electronic graphic display freeway sign types permitted in this section. i. A maximum of one electronic graphic display sign is allowed for an individual medical center provided the site is five gross acres or larger, and it is located directly adjacent to the Interstate 15 freeway. ii. The electronic graphic display portion of the freeway sign shall be limited to a maximum sign area of 360 square feet per sign face. An additional sign identifying the name of the medical center shall be allowed provided it does not exceed 35 square feet per sign face and designed separately from graphic display portion. T he maximum total height of the sign structure shall not exceed 50 feet.
iii. The electronic graphic display sign shall maintain a minimum setback of 15 feet from the site property line/I -15 freeway right -of-way line. iv. The monument base and vertical sign elements for the proposed sign shall be constructed of materials that are consistent with the building materials 400
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of the medical center. The monument base shall be included in the total sign height outlined above.
v. The electronic message portion of the sign shall only display on -site commercial messages and noncommercial messages. No off -site business messaging shall be permitted.
vi. Audio speakers are prohibited in association with any electronic graphic display sign business identification signs.
vii. The electronic graphic display freeway sign shall comply with all applicable lighting standards and requirements of Chapter 8.64 (Light Pollution) of the Wildomar Municipal Code.
viii. The provisions in Table 17.180.030-1 (Additional Standards for Electronic Message Signs) shall apply as noted.
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Table 17.180.030 -1 Additional Standards for Electronic Message Signs
Sign Type
Description
Text Limit
Minimum
Duration
Brightness
(NITs) Day/
Night
Dark Period
(Off/On)
Electronic
Changeable Copy
Text only - no
picture or
movement (e.g.,
no scrolling)
15 words 5 seconds 5,000/200 None, provided
Dimmer control the LED sign
required to area is in a
change to the "static position"
lower nighttime with a dark
brightness background
setting upon The "static
sunset. A change position" sign
to the higher area may
brightness contain up to 3
setting is not lines of text and/
permitted until or logos during
after sunrise. the hours of
As part of the 9:30 p.m. to
minor 6:30 a.m., but
development the remainder of
permit process, the background
the Community
Development
Planning area shall be
Director may "dark."
approve an
increase in sign
brightness up to
a maximum of
7,500 NITs
during periods
of low sun (e.g.,
sunset) to allow
sign text and
graphics to be
clearly seen
when affected
by direct
sunlight.
Electronic Graphic
Display
Images and text
(scrolling of text
permitted)
No limit 5 seconds
Electronic Graphic
Display - Medical
Facilities
Not to exceed 15
lines of text
8 seconds
G. Temporary Signs. Temporary signs are permitted in all zoning classifications subject to the limitations imposed by this chapter. No person shall erect, use or maintain a temporary sign in the City, except in accordance with the following provisions.
1. Standards for all Temporary Signs.
a. No temporary sign shall be artificially lighted.
b. No temporary sign shall be erected, placed, used or maintained within the public road right -of-way, or on a fence/wall (except as allowed in subsection D of this section during an election period, and subsection E of this section). 402
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c. No temporary sign shall be erected, placed, used or maintained upon property without the consent of the owner, lessee, person or entity in lawful possession of the property.
d. No temporary sign shall be erected, placed, used or maintained so that it does any of the following:
i. Mars, defaces, disfigures or damages any public building, structure or other property;
ii. Endangers the safety of persons or property;
iii. Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public informational sign;
iv. Blocks motorists' line of vision to areas of vehicular or pedestrian traffic. e. Any temporary sign posted or otherwise affixed to property in violation of this section shall be considered an illegal temporary sign. City employees, representatives or agents shall be authorized to remove and dispose of any illegal temporary sign as foll ows:
i. Temporary Signs on City Property. Any illegal temporary sign on any public street, right of way, or any City-owned property may be immediately removed by the City. The City employee or agent removing the sign will immediately attempt to notify the owner of the sign, if such owner can be ascertained.
ii. Temporary Signs on Other Property. Any illegal temporary sign on any other property may be removed by the City if the authorized City employee has the permission of the person in lawful possession of the property to do so or is authorized to do so by any court of competent jurisdiction.
2. Retrieval of Removed Signs. Any person desiring to retrieve a sign removed by the City may do so upon the payment of an administrative fine as required in Chapter
1.16 (Code Enforcement). A person desiring to retrieve a sign may appeal this fine by submitting a written appeal to the Building Official within 15 days after the date of removal. The appeal shall be conducted by review of the written appeal by an administrative hearing officer selected by the City Manager or designee. The submission of a written appeal to the Building Official within the 15-day time period shall stay the disposal of the sign upon a decision of the hearing officer granting the appeal or until 10 days after mailing of a decision of the hearing officer denying the appeal. The determination by the administrative hearing officer shall be final.
3. Disposal of Temporary Signs. Any temporary sign removed by the City may be considered abandoned if it is not retrieved within 15 days after the date of such removal and may be disposed of by the City without liability therefor to any person.
4. The procedures, remedies and penalties for violation of this chapter and for recovery of costs related to enforcement are provided for in Chapter 1.16 (Code Violations) of the Wildomar Municipal Code.
5. Every temporary sign which was lawfully in existence prior to the enactment of the 403
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ordinance codified in this chapter, and does not conform to this chapter, shall be deemed a nonconforming temporary sign and shall be removed or altered in accordance with this chapter as follows:
a. All temporary signs with a nominal value of $100.00 or less shall be abated or brought into conformance immediately after the effective date of the ordinance codified in this chapter.
b. All temporary signs with a value of more than $100.00 shall be abated or brought into conformance within six months of the effective date of the ordinance codified in this chapter.
6. All temporary signs not in lawful existence prior to the date of enactment of the ordinance codified in this chapter shall be abated or brought into conformance immediately.
7. The following temporary signs are prohibited to be located in the City:
a. Commercial inflatable devices (i.e., balloons, animals, and the like) and feather signs. Noncommercial temporary inflatable devices are permitted (i.e., holiday inflatable decorations).
b. An off-site temporary sign of any kind.
c. A temporary sign affixed to fences/walls.
d. Any temporary commercial sign located on the roof of a building or dwelling unit residence.
e. Obscene signs, as defined by Miller v. California (1973) 413 U.S. 15 or subsequent case law.
H. Standards for Real Estate Signs.
1. For lots zoned single -family residential, one sign not exceeding six square feet in surface area (per sign face) and not more than six feet in height.
2. For lots zoned multifamily residential, commercial, industrial and agricultural, one sign on each separate frontage of the lot on the street, each sign not to exceed 32 square feet in surface area (per sign face) and not more than six feet in height. No more than four signs are allowed per development.
3. Riders, not to exceed two square feet in aggregate surface area (per sign face) may be added to the real estate sign to identify the specific agent offering the property for sale, to show that the property is "in escrow" or for an "open house."
4. The sign(s) shall be removed within 10 days of the close of escrow on the property or structure, or portion thereof, being sold, leased or rented.
5. A real estate sign (of any size) located in City limits which is advertising a residential subdivision project outside of the City limits is prohibited. The sign shall be removed within 14 days of notification by the City.
I. Standards for Yard or Garage Sale Signs and Event Signs. Temporary signs that advertise 404
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items for sale or events located on the property on which the sale or event will be conducted are permitted in every zoning classification, subject to the following standards:
1. The yard or garage sale or event is in conformance with City ordinances.
2. No sign shall exceed four square feet in surface area.
3. No sign shall exceed four square feet in height.
4. No sign shall be posted more than 15 days before the event or sale, and shall be removed within five days after the event or sale.
5. Only one sign per lot may be displayed at any time and no more than three such signs may be posted on any lot per calendar year.
J. Standards for Temporary Commercial Banners. Temporary banners for individual businesses located in commercial, office and industrial zone districts shall be allowed with approval of the Community Development Planning Director and subject to the following standards:
1. A banner may be made of paper, canvas, plastic, cloth or similar material, and must be attached to the building or lease space where the business is located.
2. One banner per business shall be allowed at a time. If a business is located with frontage on two or more streets, one additional banner per street frontage shall be allowed.
3. The maximum sign area for a banner shall not exceed 36 square feet with a maximum vertical height dimension of three feet and shall not extend above the eave line or parapet wall of the building.
4. A banner is allowed to be displayed for a maximum duration of 30 consecutive days on a quarterly basis (beginning on January 1st of each year) provided there is a 60-day down period between display times. In no case shall a banner be displayed more than four times per year for the same business.
5. The banner shall be removed within 24 hours after the end of the 30 -day display period.
6. If a commercial center, office or industrial complex has its own approved sign program (as previously approved by the City of Wildomar), the standards outlined in this section shall not apply.
7. Inflatable devices (i.e., balloons, animals, and the like) and feather signs used as a temporary business identification banner are prohibited.
K. Banners and other signage displays are permitted for a period not to exceed the time limits established in Table 17.180.030 -2, allowed temporary on -site sign standards by type.
Inflatable signs are prohibited. See specific requirements in the following Table
17.180.030-2, allowed temporary on -site sign standards for standards and additiona l limitations:
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Table 17.180.030.2. Allowed Temporary On-Site Sign Standards by Type
Sign Type
Max.
Number
Permitted
Max. Area
Max.
Height
Min.
Setback
from ROW
1 Max.
Permits per
Year
Max. Time
Period
Permit
Required
Residential
On-site
subdivision
directional signs
1 per
subdivision
entrance,
max. 62
32 sq. ft. 10 ft. 10 ft. N/A Until final
sale
3 Yes
On-site
subdivision
flags
10 poles per
subdivision
15 sq. ft.
per pole
20 ft. 10 ft. N/A Until sale
3 Yes
Multifamily
dwelling
complexes (e.g.,
apartments)
1 per street
frontage
32 sq. ft. Roofline, if
on building;
otherwise
10 ft
5 ft. N/A While units
are
available
for rent or
lease
Yes
Sale or lease of
existing
residences
1 per parcel 10 sq. ft. 6 ft. 3 ft. N/A Until final
sale
3 No
Commercial
Window signs N/A 25% of
window
area
N/A N/A N/A 90 days No
Building-
mounted
banners for
sales, events,
etc.
4 1 per
building
frontage
32 sq. ft. Roofline N/A
4 30 days No
Sale, rental or
lease of
nonresidential
real estate:
freestanding
signs
2 per
parcel, must
be on site
32 sq. ft. 6 ft. 3 ft. N/A Until final
sale
3 No
Sale, rental or
lease of
nonresidential
real estate:
building-
mounted signs
(including
banners)
2 per
establishment
100 sq. ft. Roofline N/A
4 Until final
sale
3 No
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L. Temporary Signs in the Public Right-of-Way.
1. Temporary signs may be placed in the public right-of-way during the period beginning 4:00 p.m. Friday and ending 7:00 p.m. Sunday. Signs in place outside this period will be subject to removal.
2. Temporary Sign Size, Materials, and Maintenance Criteria. All temporary signs placed in the right -of-way must:
a. Be free-standing and securely mounted on a wooden or metal stakes; b. Be no higher than four feet above grade;
c. Be no larger than six square feet and no more than three feet in either height or width;
d. Be constructed of substantial sturdy, durable and weather-proof material; e. Be kept in good repair;
f. Not be illuminated;
g. Include the contact name and phone number of the person responsible for the sign in a clearly legible manner, either on the front or back of the sign; and h. Be located in a permitted location as defined in subsection (H)(3).
3. Sign Location. Temporary signs in the public right-of-way must be located at least 20 feet from the curved portion of the corner in order to maintain visibility for motorists, as shown in the illustration. In addition, the following apply:
a. Signs must be located at least two feet from the edge of a curb or sidewalk, or from the edge of the pavement if there is no curb or sidewalk. b. Signs shall be installed so as not to damage plant materials, irrigation equipment or other public property.
c. Signs may not be placed on a sidewalk.
d. Signs may not be placed in a roadway median.
Notes:
Banner shall be attached flat against the wall or fascia of a building and not hung from poles, awnings, eaves or
similar structures. Banners shall be hung with permanent attachments, such as bolts or screws, and not be tied to a structure with rope, twine or similar materials. Banners that are faded and/or torn shall be removed or replaced. 4 Signs shall be removed within 30 days of close of
escrow or lease of final unit.
3 Only allowed Friday to Monday.
2 Must be located outside of the clear vision triangle. 1 407
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e. Signs may not be attached to utility poles, sign posts, fences, walls, or any other structure.
Figure 17.180.030-1 Permitted Locations for Temporary Signs in the Public Right of Way
M. Political Signs. Temporary noncommercial signs associated with any local, state, regional or national official election shall be permitted in any zoning district subject to the following provisions:
1. No political sign shall be placed earlier than 90 calendar days prior to the election or primary which it addresses, and such signage shall be removed no later than 10 calendar days following the date of the election or primary.
2. Political signs shall not be erected on a permanent foundation, or be attached to a sign structure having a permanent foundation. Structures with permanent foundations include buildings, fencing, utility poles, utility boxes, traffic signs and directional signs.
3. Political signs shall not be displayed on City -owned property; however, such signs may be permitted in the right -of-way provided no sign is erected, placed, used or maintained on any publicly owned tree or shrub, or upon the improved portion of any street or highway right -of-way used for traffic or parking, or upon any street divider or median. Political signs shall not be suspended over the right -of-way.
4. No sign shall be placed in a manner that would obstruct visibility of traffic, or which constitutes an immediate peril to persons or property.
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5. A political sign shall not exceed 32 square feet in total area for one side.
6. Contact information shall appear on the face of the sign. At minimum, contact information shall consist of the name of a responsible individual, committee, or the campaign identification number, and a valid telephone number. The font used for contact information shall be not less than one -half inch in height.
7. No political sign shall exceed an overall height of six feet. Signs used for identification of political headquarters shall comply with other provisions of this section.
8. No lot shall contain political signage with a combined aggregate surface area in excess of 80 square feet.
9. Political signs may not be erected, placed, used or maintained upon property without the consent of the owner, lessee, person or entity in lawful possession of the property.
10. Political signs shall not be artificially illuminated.
11. Any political sign that remains posted for more than 10 calendar days after the political or primary to which it pertains shall be deemed abandoned. If the Community Development development services Ddirector or designee finds that any political sign has been posted or is being maintained in violation of the provisions of this section, the owner of the sign shall be given written notice to remove said sign. Said notice shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the sign within five days after such notice, Community Development the development services Ddirector or designee may cause such sign to be removed. If the owner of the sign cannot in good faith be located within a reasonable time, the sign shall be deemed abandoned. The Community Development development services Ddirector or designee may cause such abandoned signs to be removed summarily and without prior notice. The City may recoup reasonable costs associated with the removal of violating or abandoned political signs.
N. Nonconforming and Abandoned Signs.
1. Except as otherwise provided in this section, any sign lawfully in use on the effective date of this Title or any amendment thereto, shall be considered a legal use and as such may continue to operate and exist, provided:
a. Nonconforming signs shall be kept in good repair and visual appearance.
Structural alterations or modifications of any nonconforming sign are prohibited.
Structural repair resulting in the same size and shape is permitted subject to the provisions of Title 17. Change of copy on a nonconforming sign shall be allowed, provided the change does not increase the area of the sign; b. Whenever any modifications, alterations, or changes occur or are proposed, the sign shall be brought into conformance with the provisions, standards and regulations of this section, requiring issuance of zoning clearance.
2. The City Council, Planning Commission or other designated approving authority, may, as a condition of rezoning, development review or conditional use permit, or other development entitlement, require any nonconforming sign on the applicable property to be removed or altered so as to comply with the provisions of this section. 409
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3. Sign structures which have no message attached to them for more than 90 days shall be considered abandoned signs and as such may be abated by the City. Adequate notice shall be provided to the property owner prior to any removal. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 90 days after the effective date of the ordinance from which this section is derived. (Ord. 247, 1/15/2025)
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H. Notwithstanding the regulations in this chapter, detached single-story accessory structures, not more than 120 square feet in size and, therefore, not requiring a building permit, may be permitted with a minimum setback of two feet to interior side and rear property lines. (Ord. 247, 1/15/2025; Ord. 256, 11/12/2025)
§ 17.185.050. Permit requirements.
In any residential zone where the principal use of a lot is a dwelling, a detached accessory structure is permitted by right (i.e., no development permit required) subject to the development standards of Section 17.185.040.
(Ord. 247, 1/15/2025)
§ 17.185.060. Exceptions.
The following accessory structures are exempt from Planning Department review but may require building permits in keeping with the California Building Code adopted by the City.
A. All accessory structures that are less than 120 square feet in size with no portion of the structure equal to or greater than six feet in height and that meet the siting requirements of Title 17.
B. Water Features. A detached structure typically used for decorative or landscape design purposes such as a fountain, water wall, bird bath and similar features that are less than 120 square feet in size with no portion of the feature equal to or greater than six feet in height.
C. Play Equipment. Structures and surfaces used for recreational purposes including play structures, tree houses, jungle gyms, and non -illuminated sports courts such as tennis and basketball courts.
D. Deck/Patio. A detached porch or platform that is generally constructed with wood, concrete or stone that is above the grade or located over a basement or story below.
E. Pool/Spa. Any structure intended for swimming or recreational bathing. Swimming pool includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non -portable wading pools. Note that these features retain siting criteria from the Building Code.
F. Pool Accessories. Any structure for entertainment or relaxation value, including, but not limited to, diving boards, slides, and grottos.
G. Outdoor Entertaining Features. Structures used for entertainment and outdoor cooking such as built -in barbecues and fire pits.
H. The provisions of this section shall not apply to any detached accessory building for which a building permit was issued prior to the effective date of the ordinance codified in this section.
(Ord. 247, 1/15/2025)
§ 17.185.070. Metal shipping containers.
Metal shipping containers shall conform to the following standards.
A. Metal shipping containers shall not be allowed as a principal use in any residential zone; 411
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B. Metal shipping containers shall be allowed in all zones on a temporary basis when utilized during construction or grading operations for the site where located and when utilized solely for the storage of supplies and equipment that are used for construction or grading on that site;
C. In industrial zones, placement of metal shipping containers as an accessory use is permitted provided development review has been approved pursuant to the provisions of Chapter
17.85 of this Title or the placement has been approved as part of development review or a conditional use permit;
D. In all zones, other than commercial and industrial zones, placement of metal shipping containers is allowed as an accessory use subject to the following development standards:
1. The minimum lot size shall be five acres,
2. No more than one metal shipping container shall be permitted on any parcel,
3. The setback from all property lines shall be a minimum of 50 feet,
4. Placement shall be to the rear of the main building on the rear half of the property,
5. The metal shipping container shall be fully screened by an opaque fence or fast- growing landscaping. Fencing may not be provided by any type of chain link fencing,
6. The metal shipping container shall be painted a neutral color.
E. Containers shall not exceed 50% of the floor area of the primary residence on site, inclusive of all accessory structures.
F. Metal shipping containers shall conform with all health, safety development, and environmental requirements.
G. Metal shipping containers shall not be placed upon a residential lot in a manner which would cause significant impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources.
H. Metal shipping containers shall not be stacked vertically. (Ord. 247, 1/15/2025)
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Article V
Standards Related To Specific Uses
CHAPTER 17.195
ACCESSORY DWELLING UNITS
§ 17.195.010. Purpose.
The intent of this section chapter is to regulate accessory dwelling units and junior accessory dwelling units in residential zoning districts consistent with state law. This chapter is intended to expand housing opportunities by increasing the availability of smaller and more affordable residential units within existing neighborhoods while maintaining compatibility with surrounding residential development through objectiv e standards consistent with state law. Implementation of this section is intended to expand housing opportunities for low -income and moderate -income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single -family residential character of the area. (Ord. 247, 1/15/2025)
§ 17.195.020. Applicability.
Accessory dwelling units (as defined by Government Code Section 66313), including junior accessory dwelling units (as defined by Government Code Sections 66333-66339), are shall be a permitted use s on all lots in with a proposed or existing single-family and or multifamily residential zones dwelling units , provided the accessory dwelling unit complies with the development standards of this chapter and State ADU Law. For purposes of this chapter, “State ADU Law” means Chapter 13 (commencing with Section 66310) of Division 1 of Title 7 of the California Government Code, including provisions for accessory dwelling units and junior accessory dwelling units, and any succes sor or amending statutes.
Accessory dwelling units that do not qualify under Government Code section 66323 must comply with the development standards of this chapter. Accessory dwelling units that qualify under Government Code section 66323 (“66323 Units”) arewill be approved ministerially in accordance with Government Code section 66323 and regulated only under that section and applicable building, fire, and health and safety codes that State law allows. No development or design standard in this chapter or elsewhere in the Municipal Code applies to a 66323 Unit unless State law expressly allows it. If a conflict exists betwee n this chapter and Government Code section 66323, State law controls. This chapter must be interpreted to allow the maximum number and type of ADUs and JADUs permitted by State ADU Law, and any ambiguity must be resolved in favor of housing production to the extentconsistent with required by State ADU Law. An applicant eligible for approval under Government Code section 66323 retains the right to elect approval under that section at any time prior to final permit issuance. . Accessory dwelling units shall be constructed in compliance with the City's single -family and multifamily residential objective design standards and guidelines. Accessory dwelling units may be attached to, or located within , a proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, (referred to herein as an "attached" accessory dwelling unit) or may be detached from the proposed or existing primary dwelling (referred to herein as a "detached" accessory dwelling unit). All ADUs must be located on the same lot as the proposed or existing primary dwelling. Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling.
No owner occupancy requirement applies to an accessory dwelling unit, consistent with 413
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Government Code section 66315. The City may require that ADUs be rented for terms longer than 30 days. The Community Development Director, or designee, administers and enforces this chapter.
(Ord. 247, 1/15/2025)
§ 17.195.030. Permits required for construction.
A. An accessory dwelling unit shall not be constructed without first obtaining a building permit from the Chief Building Official .
B. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit must be reviewed concurrently with the application and issued concurrently with the building permit for the unitshall be reviewed with the application for the accessory dwelling unit and issued at the same time .
(Ord. 247, 1/15/2025)
§ 17.195.040. Application.
An application for an accessory dwelling unit building permit shallmust be made in writing to the Chief Building OfficialBuilding Department on forms provided by the Building Dsaid department, and shallmust include be accompanied by the applicable a minor or major development permit and filing fee as set forth in Chapter 3.44 (Fees) of the Wildomar Municipal Code. The Chief Building Department Official shallmustmay distribute the application and minor or major development permit to the Planning , Fire and Engineering dDepartments for review.
The minor or major development permit shall include the following information:
A. Name and address of the applicant and the name and address of the property owner, if 414
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different. If a junior accessory dwelling unit is proposed, evidence that the premises upon which the accessory dwelling unit is proposed is owner -occupied shall also be provided , if required by State ADU Law .
B. Assessor's parcel number of the premises upon which the accessory dwelling unit is proposed.
C. Sufficient detail clearly describing the following:
1. Physical dimensions of theproperty;
2. Location and dimensions of all existing and proposed structures;
3. Location and dimensions of all easements, wells, septic tanks, leach lines, existing seepage pits, drainage structures , and utilities;
4. Location, dimensions , and names of all clear adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters , and curb cuts;
5. Setbacks from all property lines;
6. Methods of circulation, including ingress and egress, access, yards, drives, parking areas, landscaping, walls , or fences;
7. Topography of the property;
8. Objective information necessary to demonstrate compliance with applicable objective standardsA description of walls, landscaping, architectural treatments and other methods which will be used to ensure that the accessory dwelling unit will be compatible with the neighborhood ; and
9. A written statement as to whether the accessory dwelling unit shall be used for family members or for rental purposes; and
9. Such aAdditional information expressly identified as required by the Chief Building Official to make an appropriate determination regarding issuance or denial of thelisted on the City’s adopted public ADU application checklist and reasonably necessary to determine compliance with State ADU Law, objective standards authorized by State ADU Law, and applicable building, fire, and health and safety codes .
10.D. Assessor's parcel number of premises upon which the accessory dwelling unit is proposed. The City reviews all ADU and JADU applications ministerially. The City does not require discretionary review, a public hearing, or subjective evaluation, and the City may not impose any requirement, condition, or standard through plan check or the building permit process unless State ADU Law expressly authorizes it, regardless of how the requirement is labeled or characterized. The City may not require resubmittal, redesign, or additional technical studies unless expressly authorized by State ADU Law and listed on the adopted checklist , , except to address corrections necessary for compliance with applicable building, fire, health, or safety requirements authorized by state law .
(Ord. 247, 1/15/2025)
§ 17.195.050. Development standards for accessory dwelling units.
Except as provided in Section 17.195.060, accessory dwelling units must comply with the 415
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following development standards: The standards in this section apply only to ADUs reviewed under Government Code sections 66314 through 66322. These standards do not apply to 66323 Units unless state law expressly allows them. All standards in this section must be objective, uniformly ver ifiable, and applied without discretion or subjective judgment. The City may not apply development standards cumulatively in a way that prevents or unduly constrains ADU development allowed by State ADU Law. Any authority to deny or condition an ADU must derive from an express provision of State ADU Law. Notwithstanding any ot her provision of this section, the City must permit at least one ADU of up to 800 square feet with four foot side and rear setbacks on each lot with a proposed or existing primary dwelling, consistent with Government Code section 66321.